Juneau, Alaska. December 1, 2010 -- Alaska Superior Court Judge William Carey held a hearing today on Lisa Murkowskis motion to intervene in the lawsuit brought by Joe Miller, Republican nominee for the U.S. Senate, challenging the legality of the process the Division of Elections used to count write-in ballots, as well as several other discrepancies and improprieties in the 2010 general election for U.S. Senate.
Because of serious questions concerning whether Ms. Murkowskis legal interests are being adequately protected by the State, the court deferred ruling on the motion until tomorrow, and directed Ms. Murkowskis attorneys to file a supplemental pleading. Murkowskis attorneys argued that the State improperly rejected certain ballotsestimates ranged from a few hundred to approximately two thousandthat, they maintained, should have been counted for her.
Murkowski has called into question even more write-in ballots cast in this election, further undermining the publics ability to have any confidence in the Division of Elections initial vote count. Even my opponent contends that the Division has failed to comply with Alaska law. said Joe Miller.
Michael T. Morley, a Washington D.C. appellate and election law attorney representing Miller, explained, The fact that the Murkowski campaign is now attempting to argue that a few hundred additional ballots should have been counted for her simply underscores how close this election remains, and how worried her campaign is that the court will invalidate the Divisions improper count."
Commenting on the courts postponement of a decision on Murkowskis intervention motion, Morley commented, Sen. Murkowski has not met the legal requirements for intervention set forth by the Alaska Supreme Court, particularly in a case such as this where the State is defending the legality of its own sovereign acts. He pointed out that a potential intervenor must show that the State has colluded with the other side, has a conflict of interest, is refusing to do its job, or is not competent to proceed. No such allegations have even been made in this case."
Miller emphasized, Regardless of whether Ms. Murkowski is permitted to intervene, we are confident that the court will enforce Alaska law as written, invalidate the States illegal initial count, and require that every ballot be hand-counted in accordance with state law.
http://us1.campaign-archive.com/?u=4ed896e60d9a1d9a10dec11a0&id=a6d6385cf3&e=f510bf2e8f
‘Murkowski has called into question even more write-in ballots cast in this election, further undermining the publics ability to have any confidence in the Division of Elections initial vote count. Even my opponent contends that the Division has failed to comply with Alaska law. said Joe Miller.’
If Joe Miller were a RAT, he’d be touted in the enemedia as a patriot and defender of the people’s right to vote - and movies would be made about him down the road by the likes of Oliver Stone-d and Michael Moore-on.
But as it is we’re getting a slightly different message.
Judge allows Murkowski to participate in Senate election case
http://www.juneauempire.com/stories/120310/loc_745154655.shtml
“Carey said he initially had “grave reservations” about whether Murkowski met the state’s requirement to participate in the case. He called her initial argument she be allowed to join the case “tenuous, at best.”
After the last-minute filing Wednesday, however, Carey said her interests in the case are distinct enough from the state’s to require that she be allowed to participate.”
Oh boy, the back and forth...will this be enough to get the murky one back in the seat she ‘inherited?’