Wednesday, December 22, 2010

Supreme Court rules against Miller

The Alaska Supreme Court today ruled against Joe Miller on all counts, a decision that leaves his challenge of Sen. Lisa Murkowski’s victory on life support.

“There are no remaining issues raised by Miller that prevent this election from being certified,” the Supreme Court declared in its 24-page ruling.

Murkowski leads Miller by more than 10,000 votes.

Miller’s last chance is in federal court. U.S. District Court Judge Ralph Beistline is giving Miller 48 hours to argue that the federal courts should take up any remaining constitutional issues.

Beistline has blocked the state from certifying Murkowski as the winner of the Senate race to allow the court issues to be settled. Beistline said he will decide “as soon as possible” on lifting his block following the Alaska Supreme Court ruling.

The Alaska Supreme Court ruled that Superior Court Judge William Carey was right to toss out Miller’s lawsuit over the Nov. 2 U.S. Senate race.

The Supreme Court ruled that the Alaska Division of Elections followed the law in counting misspelled ballots write-in ballots for Murkowski. “Voter intent is paramount and any misspelling, abbreviation or other minor variation …does not invalidate a ballot so long as the intention of the voter can be ascertained,” the Supreme Court said in its ruling.

The Supreme Court also dismissed Miller’s suggestions of election fraud, finding that he hasn’t proven misconduct.

Read the court's ruling (PDF)

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