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Wednesday, November 10, 2010

Miller Sues As Write-In Ballot Count About To Begin In Alaska

Republican Joe Miller has filed a lawsuit in an attempt to prevent state elections officials from counting write-in ballots that don't accurately spell Sen. Lisa Murkowski's (R-Alaska) full name.

The Tea Party favorite wants a judge to bar the state division of elections from weighing voter intent with write-in ballots that contain a variation or misspelling of Murkowski's name.

Miller's attorney, Thomas Van Flein, who was also former Alaska Gov. Sarah Palin's attorney, wants a hearing Wednesday afternoon.

The lawsuit comes after Miller made up ground in Tuesday's count of some 27,000 absentee votes. Miller netted around 2,100 votes, according to updated totals from the division of elections. Currently, the number of write-in votes leads Miller's vote total by 11,333 votes. 

Despite the lawsuit, elections officials plan to begin sorting and then counting the ballots at 1 p.m. EST on Wednesday.      

More here

8 comments:

Anonymous said...

i heard an interview with joe miller. he is only asking the state to do what they have done in every other election in the past, follow state law.
the law states the name must be spelled correctly
Murkowski even ran adds telling people how to spell her name, so she knew and understood the law

Anonymous said...

that puts a different spin on it. thanks 1039am. i was about to rant about pettiness, seems i stand corrected though.

Anonymous said...

10:39 Point taken, yet the intent of who someone wants to vote for is still pretty obvious if they wrote Murcowski instead of Murkowski. Allowing a person to win by spelling errors and putting someone in office who the majority of people don't want isn't what our elections are all about.

Anonymous said...

11:16 - true, but the law is the law, and has been enforced in all other elections. if they want to change it, then do so. but until then obey the law. dont cry when it hurts you.

Anonymous said...

ha ha, the candidate of small gov. now wants the gov. to override the obvious will of the citizens of the state.

Anonymous said...

And here we are again, ANOTHER Republican lawsuit.
They're not wasting any time at all - told ya so!!

lmclain said...

Could it be that the law requiring EXACT spelling was written into law by the two parties in power so as to limit competition? Just because "its the law" doesn't mean its right. To my mind, the will of the people (you DO know that its "we, the people" this issue revolves around, right? NOT the election aspirations of some political hack). So, write-in candidate named Zagronecheki or such is pretty much doomed, even if 80% of "we, the people" wrote his name in, but left out an "e"? Leaving the 20% percent guy as the winner?? oH YEAH--- MAKES A WORLD OF SENSE!! "Intent" is considered in so many aspects of law, criminal AND civil --- except when elections are concerned, right? WHATEVER we do, just make sure "we, the people" don't get TOO MUCH of a voice in our leaders.....God knows where THAT would lead.

Anonymous said...

this is what the law states, its very clear

(10) In order to vote for a write-in candidate, the voter must write in the candidate's name in the space provided and fill in the oval opposite the candidate's name in accordance with (1) of this subsection.

(11) A vote for a write-in candidate, other than a write-in vote for governor and lieutenant governor, shall be counted if the oval is filled in for that candidate and if the name, as it appears on the write-in declaration of candidacy, of the candidate or the last name of the candidate is written in the space provided.

(12)(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.