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Miller appeals ruling on write-in votes
Anchorage Daily NEws ^ | December 13, 2010 | BECKY BOHRER

Posted on 12/13/2010 2:44:57 PM PST by Hawk720

Republican Joe Miller is taking his challenge to Alaska's U.S. Senate race to the state Supreme Court.

Miller filed his appeal Monday, three days after a lower court ruled against his lawsuit challenging how the state counted write-in ballots for his rival, Sen. Lisa Murkowski. Arguments are set for Friday.

"We have consistently asserted that the law should be followed strictly," Miller said in a statement. "The fact that the Legislature stated that there should be 'no exceptions' to the ballot counting method is what, in our view, should govern this matter."

Murkowski ran a write-in campaign, the likes of which Alaska has never seen, after losing the GOP primary to Miller. The state, relying on case law, used discretion in determining voter intent, allowing for ballots with misspellings to be counted toward Murkowski's tally.

Unofficial results showed Murkowski leading Miller by 10,328 votes, or 2,169 votes, when ballots challenged by Miller's campaign were excluded. Murkowski has declared victory.

(Excerpt) Read more at adn.com ...


TOPICS: Front Page News; News/Current Events; Politics/Elections; US: Alaska
KEYWORDS: alaska; bushbashingtrolls; joemiller; lisamurkowski

1 posted on 12/13/2010 2:44:59 PM PST by Hawk720
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To: Hawk720

“or 2,169 votes, when ballots challenged by Miller’s campaign were excluded”

Seems moot, if a true statement.

“If”


2 posted on 12/13/2010 2:47:36 PM PST by TheThirdRuffian (Nothing to see here. Move along.)
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To: Hawk720

Dana Perino was just of FOX whining that he should give it up because Lisa is a solid conservative. Thank the Bushes for these people.


3 posted on 12/13/2010 2:48:41 PM PST by itsahoot (We the people allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: Hawk720

Take it all the way to the SCOTUS!


4 posted on 12/13/2010 2:49:03 PM PST by trumandogz
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To: SeattleBruce

ping


5 posted on 12/13/2010 2:50:43 PM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: trumandogz

The Bush-Axis is screwing us here in Texas also....Speaker Strauss will block all the new Right-Wingers from enforcing immigration.


6 posted on 12/13/2010 2:52:42 PM PST by magna carta
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To: itsahoot
Dana Perino was just of FOX whining that he should give it up because Lisa is a solid conservative. Thank the Bushes for these people.

I've defended Dana on this forum. I'm very disappointed if she's taken this position. She should know better, or I should have known her to be a Bushie-progressive, one or the other. D@mn.

7 posted on 12/13/2010 2:55:24 PM PST by paulycy (Demand Constitutionality. Save America From Bankruptcy.)
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To: Hawk720

no not moot. if the law is upheld (i.e., the ruling rep class defeated), then we can look at the actual votes and determine if there was fraud. if we can’t get the unlawful votes thrown out, then it really is moot.

great joe. money well spent. not only are you upholding the law. giving your supporters a path to victory (if not this round then the next) and keeping murky off balance as she tries to screw us in this lame duck.

keep up the good work joe!

btw: i got through to mcconnell just now to tell him to stop the larded up obama tax deal and renegotiate for a clean up or down vote on the current tax rates. the aide was still taking messages. it is on the floor right now. please call.


8 posted on 12/13/2010 2:58:53 PM PST by dadfly
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To: trumandogz

SCOTUS will state out of it as it’s a state matter. They don’t want another Bush v. Gore.


9 posted on 12/13/2010 3:10:45 PM PST by Tanniker Smith (I didn't know she was a liberal when I married her.)
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To: dadfly

I think they are tell us to F-off. The vote is 79-10 so far.


10 posted on 12/13/2010 3:36:36 PM PST by napscoordinator
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To: TheThirdRuffian

Even if he does not win, it is not mute if he can slap down the state officials for breaking the law. If we allow lawlessness to continue then we are banana republic.


11 posted on 12/13/2010 4:02:27 PM PST by Revel
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To: Hawk720

Go Joe!


12 posted on 12/13/2010 4:05:58 PM PST by TribalPrincess2U (demonicRATS= Obama's Mosque, taxes, painful death. Is this what you want?)
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To: napscoordinator

time to get on the phone to boehner. never surrender. just keep applying what i call political gravity.


13 posted on 12/13/2010 4:08:04 PM PST by dadfly
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To: Hawk720

It looks like what is happening is basically two elections for the same office at the same time. I’m sure there must be a law against it. Whatever happened to taking the FIRST total, and finishing the election?


14 posted on 12/13/2010 4:28:13 PM PST by redhead (Where do I get my RINO hunting license?)
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To: TheThirdRuffian

“or 2,169 votes, when ballots challenged by Miller’s campaign were excluded”

Seems moot, if a true statement.

“If”


That’s the final vote count and would be certified had not Miller began the appeals process. But the question becomes of the votes counted did they all meet the letter of the law regarding what is a valid write in name? That is Miller’s basic argument that many of the votes counted failed to meet the letter of the law. We’ll see shortly as I don’t think the AK courts want to delay this process as it would or could impact the senority of Murkowski if she is the one to be seated this next term.


15 posted on 12/13/2010 4:31:08 PM PST by deport
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To: Hawk720

Alaskans DESERVE Lisa. Bunch of idiots still sucking at the government teat.


16 posted on 12/13/2010 4:32:06 PM PST by Extremely Extreme Extremist (The Republic of the United States of America)
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To: paulycy
I'm very disappointed if she's taken this position. She should know better, or I should have known her to be a Bushie-progressive, one or the other. D@mn.

The gift that just keeps on giving. She joins Tokyo Rove in the treachery.

17 posted on 12/14/2010 9:51:06 AM PST by itsahoot (We the people allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: TheThirdRuffian

“or 2,169 votes, when ballots challenged by Miller’s campaign were excluded”

Seems moot, if a true statement.

“If”
+++++++++++++++++

Well, there are many, many problems with this election that could make up that 2,169 also. For instance:
Over 5000 Votes in Alaska’s U.S. Senate Race Not Verified
http://www.freerepublic.com/focus/f-news/2639230/posts

If that many votes are problematic that weren’t even challenged, and there were all those problematic challenged votes, this US Senate race should be recounted under strictly observed rules comporting with existing AK election law.


18 posted on 12/14/2010 5:03:21 PM PST by SeattleBruce (We voted - NOW we fight against vote fraud! Tea Party like it's 1773! Pray 2 Chronicles 7:14!)
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To: shield

http://joemiller.us/2010/12/miller-seeks-appellate-review/

Anchorage, Alaska. December 13, 2010 — Today, the Joe Miller for U.S. Senate Campaign filed its Notice of Appeal with the Alaska Supreme Court. The Court has issued an expedited briefing schedule, whereby Mr. Miller’s opening brief is due tomorrow, and the State’s opposition brief will be due on Wednesday. Oral argument on the appeal is scheduled for Friday December 17, 2010. Mr. Miller is appealing portions of Judge Carey’s ruling, including the ruling that essentially modifies state law that previously required write-in ballots to match the candidate’s declaration form, but now, after Judge Carey’s ruling, such ballots will be counted as long as an unelected bureaucrat believes he or she can determine or guess what a voter intended.

Said Mr. Miller, “We have consistently asserted that the law should be followed strictly. The fact that the legislature stated that there should be “no exceptions” to the ballot counting method is what, in our view, should govern this matter. Under the current ruling, there are now over 8,000 exceptions, a result everyone who favors the rule of law should question.”

Miller campaign spokesman Randy DeSoto added, “In order to get a fair and accurate count we need a hand review and count of Joe’s ballots. Lisa Murkowski’s were reviewed and counted in this fashion, but Miller ballots not tallied by the voting machines–due to the ballot not being filled out properly–are not included in his count. With over 255,000 ballots cast (and a less than 1% difference separating Miller and Murkowski in the unchallenged count), this number could be significant. Additionally, we have sworn statements of machines in various precincts not functioning properly. Equal protection under the law requires that Miller’s ballots be counted in the same fashion as Murkowski’s, by hand.”


19 posted on 12/14/2010 5:15:50 PM PST by SeattleBruce (We voted - NOW we fight against vote fraud! Tea Party like it's 1773! Pray 2 Chronicles 7:14!)
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To: SeattleBruce

'essentially modifies state law...but now, after Judge Carey’s ruling, such ballots will be counted as long as an unelected bureaucrat believes he or she can determine or guess what a voter intended.' Keep fighting Joe!!


20 posted on 12/14/2010 5:17:36 PM PST by SeattleBruce (We voted - NOW we fight against vote fraud! Tea Party like it's 1773! Pray 2 Chronicles 7:14!)
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To: Hawk720

Hope he keeps it up, needs to hold the ball until the next Congressional session to make Lisa a minor princess.


21 posted on 12/14/2010 6:39:56 PM PST by Baladas ((ABBHO))
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To: dadfly
These arrogant bastards hate you, hate your children, hate America and hate freedom. Until a stake is driven (figuratively, of course) through their marxist hearts they will continue to rape us. To hell with them. Merry Christmas!

Boner... that guy is soooo impressed with his trailer trash to treasure success story that he doesn't have time to stop weeping and start leading. Get him the hell out of the way... We need LEADERSHIP right now...

22 posted on 12/14/2010 7:28:12 PM PST by April Lexington (Study the Constitution so you know what they are taking away!)
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To: Hawk720

“used discretion”= that sounds too much like the crap that happened in the 2000 Presidential election in Florida, doesn’t it?

Good for Joe, fight all the way to the top! I hope SCOTUS will hear his case!


23 posted on 12/14/2010 7:42:31 PM PST by pillut48 (Israel doesn't have a friend in President Obama...and neither does the USA! (h/t pgkdan))
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To: TheThirdRuffian

There are other irregularities, too. Like the 10th voter in a precinct seeing “hundreds” of filled out ballots in a ballot box, thousands of votes that were cast by people who were not properly identified, and other things.


24 posted on 12/14/2010 8:12:26 PM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: SeattleBruce
My question is— All voters were warned that misspelling
Murkowskies name would result in it not being counted per state law.

Those that did misspell her name, knew this and did it anyway. My conclusion is they did not want their union coerced vote to count.

25 posted on 12/14/2010 8:25:57 PM PST by duckln
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To: duckln

“Those that did misspell her name, knew this and did it anyway. My conclusion is they did not want their union coerced vote to count.”

Exactly. Sounds like a perfect read on their ‘intent’. And a much better take than some bureaucrat.


26 posted on 12/14/2010 11:18:31 PM PST by SeattleBruce (We voted - NOW we fight against vote fraud! Tea Party like it's 1773! Pray 2 Chronicles 7:14!)
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To: itsahoot

Did Dana think that Bush should have also given up with the Bush/Gore counting? Just saying.


27 posted on 12/14/2010 11:23:20 PM PST by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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To: duckln

“My conclusion is they did not want their union coerced vote to count.”

I wouldn’t put it past the unions to coerce voters, but don’t they have secret voting for write-ins?


28 posted on 12/14/2010 11:40:20 PM PST by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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“..(b) The rules set out in this section are mandatory and there are no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.”

The law is clear, and Sen. Murkowski knew the law all along. That is why she made such a huge issue about the spelling of her name in her campaign and why her ads showed exactly how to vote for her. She knew every write-in had to be “in compliance” with the rules in order to be counted.

Many Alaskans were irritated by the ads and began mocking her in articles by deliberately misspelling her name. It makes me wonder if some of the incorrect spellings on the ballots were deliberate and done so in mockery.
Consequently, there is no sure way to determine the voter’s intent.

Read more: Fairbanks Daily News-Miner - The law rules

http://www.newsminer.com/view/full_story/10554237/article-The-law-rules?instance=home_opinion_letters_to_editor


29 posted on 12/16/2010 12:14:03 AM PST by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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