The Corner

Miller Asks Judge to Halt Certification of Senate Race

The Joe Miller campaign has asked a federal judge to order Alaskan officials not to certify the results of the senate race until all the voting irregularities have been resolved.

In an affidavit included in the preliminary injunction, former Alaskan lieutenant governor Loren Leman says he would not have counted misspelled versions of Sen. Lisa. Murkowski’s name as votes for her. “Under my direction the Division would not have counted a write-in vote or accepted it as valid unless the candidate’s name was written correctly on the ballot, using the last name or the name as it appeared on the candidate’s write-in declaration of candidacy,” wrote Leman. “The Division likewise would not have counted marred or otherwise damaged ballots.”

“The problem we have here is that the current Lieutenant Governor, originally a Frank Murkowski appointee, has decided that the legislature’s law in this situation doesn’t matter,” said Miller in a statement. “He has decided to make up his own law which pretty much gives the power to determine what votes should and shouldn’t count to one person (Gail Fenumiai) [the head of the Division of Elections], a person who is unelected and beholden to nobody but him.”

“In doing so, he is establishing the precedent that Alaska’s Division of Elections is accountable to no law,” Miller added. “Rather, the DOE will impose whatever standard the current Lieutenant Governor decides to impose, irrespective of statute. The ramifications of this situation go far beyond the current election. If the federal court chooses not to apply the law as written, Alaskans should be resigned to the integrity of elections being decided solely by the Lieutenant Governor’s commitment to the rule of law. In this case, that commitment is in serious question.”

The campaign also plans to file an injunction citing the different ways the Murkowski ballots and Miller ballots were counted. The Miller campaign says that if his votes were counted by hand, not by machines thought problematic by some, he would likely pick up some more votes.

“Throughout this election, Miller has blamed everybody else.  … At some point he has to accept responsibility and that he lost and that he’s to blame,” said Murkowski campaign manager Kevin Sweeney in a statement, according to the Alaska Dispatch.

Katrina Trinko — Katrina Trinko is a political reporter for National Review. Trinko is also a member of USA TODAY’S Board of Contributors, and her work has been published in various media outlets ...

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