Joe Miller camp files suit over Alaska write-in ballots

[Lasher]

Source: USA Today

JUNEAU, Alaska (AP) — GOP nominee Joe Miller sued Tuesday to keep the state from using discretion in counting write-in ballots in Alaska's hotly contested Senate race, setting off what could become a drawn-out legal battle.

The lawsuit was filed the day before election officials planned to start counting write-in ballots that could determine the outcome of the race. Lt. Gov. Craig Campbell, who oversees Alaska elections, said the count will proceed Wednesday morning as planned.

This is the latest twist in a race that features a rematch of the Republican primary. Sen. Lisa Murkowski lost that contest to Miller and went on to wage a write-in campaign.

Initial returns, including more than 27,000 absentee and early voting ballots tallied Tuesday, showed write-ins maintaining a lead over Miller of 11,333 votes.

Read more: http://www.usatoday.com/news/politics/2010-11-10-alaska-senate-lawsuit_N.htm

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No need to get into a big hurry here. I'm sure Murkowski won't mind being Al Frankened while this lawsuit drags on.

[Democat]

1. He wants to throw out valid votes and disenfranchise voters.

Do Alaskans accept this kind of behaviour?

[Lasher]

4. Miller wants election officials to follow Alaskan statute law.

Which calls for write-in ballots to have the oval filled in and either the candidate's last name or name as it appears on a declaration of candidacy written in. But election officials, pointing to prior case law, have said they plan to use discretion, in consultation with a state attorney, when it comes to misspellings or variations of Murkowski's name.

I believe most Alaskans would look to their courts to settle this dispute.

[DallasNE]

9. All States Have "Clear Intent" Language

By definition that means uniform standards that also have guidelines on how much discretion is permitted. Joe Miller apparently would disallow Merkowski, Murkowsky, even Sarah Murkowski or Senator Murkowski as counting. This will likely go all of the way to the Alaska Supreme Court, meaning that there will only be 99 Senators come January.

[Lasher]

13. This sort of delay was predicted, on account of Alaska's election laws.

Suits me fine. The longer we have one less GOP vote in the Senate, the better I like it.

[JackRiddler]

19. Out of your examples...

I would allow three, but certainly not "Sarah Murkowski." That person really would not know who they were voting for.

[DallasNE]

27. So Far Miller Is Challenging Around 40%

Of the write-in ballots, or enough for him to win. The news account cited "Merkowski" and "Murkowsky" as two examples being challenged. I agree that "Sarah" for a first name is a stretch. How about no first name, just Murkowski? I would allow that for clear intent. Miller is confusing "clear" with "absolute" so I look for the Secretary of State to rule against him but this will ultimately end up in the Alaska Supreme Court. I don't see a Federal issue and I doubt SCOTUS will either.

[tomhayes]

2. This happened in San Diego

Republicans have the KILLER instinct - even if that means killing your right to elect the person you choose.

[qnr]

3. I'm not sure if i understand what's going on. I thought that there

were 115 or so write-in candidates, While I'm sure Murkowski got most of them, why do they phrase it like the write in lead is a solid block??

[Democat]

5. Weren't most other write in candidates just fakes put up by Miller's allies?

I think I read that online somewhere?

[qnr]

21. Yes, that's what I read too n/t

[aquart]

8. She did.

The point of asking for a long write-in list was to make it hard to find her name. Nobody was looking to vote for the other names. If there's a write-in vote, it's hers. Which is why the spelling is so important. Strict statute vs voter intent.

[qnr]

22. Yeah - I imagined that she did, it just irked me a bit, the way it was phrased n/t

[harmonicon]

14. I assume it's because they haven't even started looking at the ballots yet.

For now they only know which oval a voter filled in.

[qnr]

23. That's a possibility too, though I think they're just assuming the votes are for her n/t

[karynnj]

16. Becaus ethe vast majority of those on the write in list are bogus

People not really running who Miller's campaign and the RW urged to sign up.

I wonder if they should (or could) go after any who get no votes AND who themselves voted. That should be positive proof that their "run" was pure fraud.

[qnr]

24. Now there's a thought! n/t

[chollybocker]

6. "But the spelling is unconstitutional!!"

...
Besides, people intelligent enough to correctly spell M-U-R-K-O-W-S-K-I would never vote for a dolt like Miller anyway. She clearly won the election, but Teams of GOPTea Party Lawyers must now ASCERTAIN the results at approx $2,000/hr. for the next six months. This is called 'stimulating the economy' by Rethugbaggers. Alaskans must have money to burn.

[The Wizard]

7. Let's hope this battle lasts

years, leaving with Alaska only one Senator.

[Democat]

18. Another Palin mess.

One of many.

[florida08]

10. nothing new about gopstoppers

suppressing votes. Murkowski is so close to looking like Miller :eyes: One source states there were 159 write-in candidates. I guess if they wrote in Lisa M that vote is no good.

Lt. Gov. Craig Campbell, who oversees elections, said the write-in count would go on as scheduled Wednesday.

The process will play out like this: Beginning Wednesday in an obscure building on the outskirts of Juneau, there were will be 15 tables where 30 ballot counters will analyze more than 91,000 write-in ballots by hand. Each table will count an Alaska house district, and work through it one precinct at a time.

The campaigns will have one observer each at every table, and reporters will be allowed in the room to watch the count unfold. Alaska Division of Elections Director Gail Fenumiai will be on hand to settle disputes, in consultation with legal counsel for the state.

Campbell also reversed course and said a write-in vote for "Joe Miller" would count toward the GOP nominee's tally.


http://www.newser.com/article/d9jd159o0/fate-of-alaska-senate-race-now-hinges-on-how-write-in-ballots-are-read.html

[Thor_MN]

17. Will all of the bogus candidates be required to provide an observer?

They should...

[handmade34]

11. heaven forbid

we ever use any intellectual reasoning to determine facts

[COLGATE4]

12. Florida 2000 - deja vu nt

[sofa king]

26. Except this time we want them both to lose.

I think the Freepers have a point on this one. The statute pretty clearly says the oval needs to be checked, and the name must match the name on the write-in application.

Unless there is a separate voter intent statute which changes the language, I don't see any way around it.

And that's fine by me, 'cause watching two conservative a-hole camps fighting to the death is almost as fun as watching two raccoons humping.

[karynnj]

15. How do you not use discretion on write in?

I assume he wants perfect spelling - and maybe even perfect penmanship.

[newscott]

20. He is for less gov't so why not fewer votes too?

[JI7]

25. Good, i'm enjoying this for once without worrying our candidate will lose

let the teabaggers and all the other republicans spend money on this.

the longer it's drawn out the better and especially if the republicans who want to be President are asked about their position on this.

[AngryAmish]

28. That blasted tower...

on edit...I posted in the wrong thread. But I think it is funny. So I'm leaving it. If you don't like it, eat me.