Joe Miller Takes Legal Challenge to Alaska Supreme Court

Dec 13, 2010 6:07pm

ABC News’ Huma Khan reports: It’s been more than a month since the mid-term election, but Alaska Senate candidate Joe Miller isn’t giving up the fight against incumbent Sen. Lisa Murkowski.

The Tea Party backed candidate today filed an appeal in the Alaska Supreme Court, three days after a lower court ruled against him and declared that write-in ballots that showed voter intent for Murkowski can be counted, even if they were misspelled.

Miller has argued that the elections division bent state law by allowing such ballots to be counted.

"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. Under the current ruling, there are now over 8,000 exceptions, a result everyone who favors the rule of law should question."

Miller is demanding that all of his ballots that were tabulated by a machine also be hand counted, like that of Murkowski’s.

The last count by the state elections board showed Murkowski leading Miller by more than 10,000 votes.

Murkowski declared victory on Dec. 17, but Miller’s legal challenges have kept the elections board from certifying the result. If that doesn’t happen by the start of the new Congress in January, the Senate could convene with one member short.

Last week, Alaska’s other senator, Democrat Mark Begich, called on Miller to “put Alaska interests ahead of personal ambition” and drop the challenge against Murkowski.

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