Republican US Senate candidate Joe Miller is taking his case to the Alaska Supreme Court. Miller’s camp announced Monday afternoon that attorney Thomas Van Flein has filed an appeal with the state’s highest court. On Friday, a lower state court ruled against Miller in his on-going challenge to the way in which the state elections division conducted a count of write in ballots for Miller’s rival in the race, Senator Lisa Murkowski.
A federal judge had halted certification of the Senate election until resolution of the issues raised by Miller.
The Alaska Supreme Court has issued an expedited briefing schedule, requesting Miller’s opening brief by tomorrow, and the state’s opposition brief due on Wednesday. Oral arguments are scheduled for Friday. Miller is appealing portions of the lower court ruling, questioning what Miller terms a “modification of state law that previously required write-in ballots to match the candidate’s declaration form.” Since the lower court ruling, Miller says, such ballots will be counted based on an election officials’ interpretation of voter intent.
Miller campaign spokesman Randy DeSoto says the campaign also wants a hand count of Miller’s ballots.
Ellen Lockyer, KSKA – Anchorage
