The Anchorage Daily News (ADN) tonight reported that Alaska judge Douglas Blankenship moved Joe Miller's vote count lawsuit to Juneau on the grounds that it is "inconvenient" to the state to be held in Fairbanks. Judge Blankenship did not rule on Sen. Murkowski's attempt to intervene in the case. Another judge will rule on the intervention attempt.
Joe Miller is seeking to have Alaska's Division of Elections (DOE) follow state law which requires that the oval next to a write-in candidate's name be filled in and the candidate's name spelled correctly and legibly on the ballot. Lt. Gov. Campbell and the DOE chose to interpret "voter intent" in counting the write-in votes. An injunction halting the certification of the Alaska Senate election is part of the lawsuit and is in effect. The certification was to have been done today.
Sen. Murkowski led Miller by over 10,000 write-in votes; Miller contested over 8,100 of these. The incumbent senator declared victory with the backing of the state's Republican Party, chaired by Randy Reudrich of Alaska Oil and Gas Conservation Commission (AOGCC) infamy. The AOGCC chairman from 2003 to 2004 - Sarah Palin - uncovered numerous ethics issues leading to Reudrich's payment of the highest civil fine in Alaska's history.
Gov. Palin's endorsement of Joe Miller propelled him to victory over Sen. Murkowski in the primary election.
State Raises Concerns About Ballot Security; Court Transfers Case to Juneau
Anchorage, Alaska. November 29, 2010 -- Today, Superior Court Judge Doug Blankenship issued a ruling transferring the election standards case to Juneau. The judge ruled that venue was proper in Fairbanks, Alaska, but he raised concerns about the many possible questions of fact that could be raised that would require a judge to personally review hundreds of ballots. In a somewhat troubling argument, the State of Alaska argued that it could not guarantee the chain of custody and security of the ballots if they were shipped from Juneau to Fairbanks.
“We all paused when the state Attorney General admitted to having security concerns about the ballots. We simply assumed the same security measures used to transport the ballots from Fairbanks (and from throughout the state of Alaska) to Juneau after they were cast would be used to transfer ballots from Juneau to Fairbanks, if that were
necessary,” said Joe Miller. “But there was a noticeable quiet in the courtroom when the state’s attorney questioned their own ability to secure these ballots. We don’t know what to make of this at the moment,” Miller concluded.
In light of the State’s admitted security concerns, and its concerns about leaving the ballots in Juneau, the Miller campaign will not seek any review of the court’s decision today. “I think the important issue here is a question of law. Our main concern is a fair and accurate vote count, consistent with state law, is the outcome of these legal proceedings, whether in Fairbanks or Juneau,” said Miller campaign counsel Thomas Van Flein.
A status conference has been set for Wednesday afternoon in Juneau.
Joe Miller's campaign counsel Thomas Van Flein yesterday filed a brief opposing Sen. Lisa Murkowski's attempted intervention in his vote counting case and her attempt to move the case from Fairbanks to Juneau. Case law precedent is against third party intervention in state activities. Furthermore, Juneau being accessible only by plane or boat provides the public with few opportunities to monitor the court case. The court will hear the motions on November 29, 2010 at 1315 (1:15 PM) AKST.
Miller Contends Murkowski Should Not Intervene as the State of Alaska is best-suited to Defend its Laws and Actions
Miller Files Court Response to Change of Venue and Intervention Issues
Fairbanks, Alaska. November 26, 2010
– Today, Joe Miller, the Republican nominee for U.S. Senate filed an opposition brief to Lisa Murkowski’s request to intervene in the pending suit against Lieutenant Governor Craig Campbell regarding the manner in which state law is being applied to count write-in ballots.
The primary purpose of the suit is to address the standard used to count write-in ballots. Miller relies on state law, but the Lieutenant Governor has created various exceptions to which Mr. Miller objects. Joe Miller said that, “the state is represented by the Attorney General’s office. It has many lawyers with election law experience and is perfectly capable, willing, and competent to represent the state’s legal interests in this case. Murkowski’s effort to intervene is not necessary or appropriate.” There is case law that establishes that there is a presumption against intervention by third parties when the state is defending its sovereign acts – as it is doing here.
Miller Campaign counsel, Thomas Van Flein, said, “Our briefs contend that the State is fully capable of defending its own positions. We also argue that Fairbanks is a better venue for this matter in that is where Mr. Miller resides, that is where he cast his vote, and Fairbanks is far more accessible to the public to monitor the court proceedings than Juneau.”
The court has set a hearing on these motions for November 29, 2010 at 1:15 p.m. The parties anticipate a ruling on both motions from the court by next week at the latest.
In this email dispatch, Joe Miller calls upon Lt. Governor Craig Campbell to uphold Alaska's Election Law. The Lieutenant Governor had argued for the first distribution of write-in candidates' lists at polling sites for the first time in Alaska's history. "This action was taken solely as a favor to Murkowski, for the purpose of ensuring that Murkowski voters spelled her name correctly – as Campbell understood the state write-in statute to require."
Lt. Gov. Campbell took issue with Miller's state injunction suit filed Monday to stop certification of the Senate election in Alaska in a press release. "This position is also directly contrary to Murkowski’s original position as reflected by her advertising campaign that focused on spelling bees and wristbands," Miller wrote.
Ed. Note: Lt. Gov. Campbell was once the Adjutant General of Alaska's National Guard. He spoke in glowing terms about Gov. Palin's Commander-in-Chief skills. To undertake these actions as he did - contravening established statute - in favor of Lisa Murkowski is truly hurtful. He should know better.
Miller Calls on Lt. Governor Campbell to Fulfill His Duty
Anchorage, Alaska. November 24, 2010 -- The Lieutenant Governor, with only two weeks remaining in his term, issued a press release yesterday vigorously criticizing the Miller campaign and its state court legal action that the federal court ordered to be filed by this past Monday.
Unfortunately, Campbell plays fast and loose with the facts in his press release. It was in his own court briefs several weeks ago where he argued vigorously for the use and distribution of a write-in candidate list at all of the state’s polling places, a first in Alaskan history. The trial judge found that these lists violated state law. Campbell then appealed to the Alaska Supreme Court and argued that providing these unprecedented write-in lists was necessary so that voters would not misspell Murkowski’s name and thereby have their votes counted.
This action was taken solely as a favor to Murkowski, for the purpose of ensuring that Murkowski voters spelled her name correctly – as Campbell understood the state write-in statute to require.
The fact that Campbell has now taken a position 180 degrees different from what he argued before the Alaska Supreme Court prior to the election is truly unbelievable. His accusation now, that the Miller campaign has wrongfully sought recourse in the courts, flies in the face of his own actions and statements. This position is also directly contrary to Murkowski’s original position as reflected by her advertising campaign that focused on spelling bees and wristbands.
The unfortunate fact is Campbell had two months to prepare for the write-in election rules but then waited until after the election, and just 36 hours before the write-in counting began, to issue his illegal written standards for review of the write-in vote. To make matters much worse, he then rushed the count date forward by over a week, seriously compromising the integrity of the count.
Had Campbell done his job in a neutral, competent, and lawful fashion, the Miller Campaign would not have needed to seek court assistance. Is it too much to ask that the Lieutenant Governor be unbiased and simply follow state law?
Campaign spokesman Randy DeSoto said, "The Lt. Governor is correct about one thing – if the questions raised by the Miller campaign are left unanswered, the public will lose trust in the election process in Alaska. Where we disagree is the source of this distrust. Currently the Federal Court seems to agree that we have raised ‘serious' legal issues that must be resolved before this process moves forward.”
Joe Miller tonight reported that he filed his lawsuit in an Alaska state court, complying with a condition set by a federal judge granting a temporary injunction staying the certification of the US Senate election in Alaska.
Miller Campaign Complies with Federal Court Order and Files Suit in State Court
Joe Miller today detailed serious allegations of voter fraud in the Alaska US Senate race including: ballots already in a unsecured ballot box as voting was beginning; ballot tampering; vote count irregularities, which victimized the Democrats going back to 2004; ballot security provided by a firm with a vested interest in Murkowski winning; and hundreds of write-in ballots found with the same handwriting.
On Friday the U.S. Federal District Court in Anchorage ordered the U.S. Senate race not to be certified until vital legal issues are resolved.
This is a significant victory for our campaign, where less than 1% of the uncontested vote separates Murkowski and me.
Our position has been the same from day one: this election must conform to the high scrutiny demanded by Alaska statutes. But we need your help.
Our volunteers and legal team have spent tireless hours ensuring a fair election. We have housed and fed dozens of ballot observers over the past two weeks. Travel costs to and from Juneau are not insignificant.
The Court recognized serious statutory matters have been raised by our campaign concerning what standard of review should be used to count the write-in ballots.
Our campaign has consistently held that the state law must be applied, as written.Its provisions could not be clearer: "A vote for a write-in candidate…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” and, “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 Division of Elections chose to ignore that clear standard that has been followed for decades and instead issued new guidelines concerning "voter intent" only 36 hours before ballot review began.
On top of the Alaska statute issues we have uncovered serious issues with the election itself. Consider these serious allegations:
Election Day Violations - We have numerous reports of serious violations of election law. For example, we have a sworn affidavit from an Anchorage voter who witnessed stacks of ballots in an unsecured ballot box even though he was one of the first voters at that precinct. What ballots were already in that box?
Ballot Tampering – We have a sworn affidavit from one of our volunteers who witnessed pre-sorted ballots – by US Senate candidate – as they arrived for the write-in count. Why did that precinct unlawfully pre-sort the ballots? What was their intent?
Vote Count Irregularities – We have a court complaint filed by the Alaska Democratic Party documenting serious errors in vote count discrepancies all the way back to the 2004 election. Their evidence shows a 34% difference between votes counted for specific candidates on election night and the actual results when tallied correctly. Have these charges been examined?
Ballot Security? – Goldbelt Security, a native-owned corporation with direct links to one of Murkowski’s most significant supporters, SeaAlaska (a regional native corporation), was hired by Alaska’s Division of Elections to transport and secure the ballots in this election. Why is this firm in charge of securing the ballots now?
Write-in Fraud? – We have sworn affidavits from write-in ballot observers who witnessed hundreds of ballots written in the same handwriting. Is this evidence of fraud?
We have documented numerous instances of violations, irregularities and serious charges of fraud – going back years!
With these allegations brought to light, can anyone stand idly by and witness our democratic system being called into question? I cannot.
Joe Miller last night gave an expanded report of the federal judge's ruling granting him a conditional injunction to stop the certification of Alaska's US Senate election, so that serious legal issues could be resolved. The conditions attached to the the federal injunction require the Miller campaign to file the injunction at the state level and it must be filed by close of court business on Monday, November 22, 2010.
The injunction is pursuant to an existing lawsuit pertaining to how write-in candidates' ballots are to be counted. Alaska's election laws require that the oval be filled in and the candidate's name be spelled correctly, but the state chose to "exercise discretion" and consider "voter intent," in counting ballots. Former Lieutenant Governor Loren Leman agrees with Miller and said the state Department of Elections' move, contravened established statute and was done for political reasons.
Federal Court Stops Certification of Alaska U.S. Senate Election Pending Resolution of Serious Legal Issues
Anchorage, Alaska. November 19, 2010 -- Today the U.S. Federal District Court in Anchorage ordered the U.S. Senate race not to be certified until vital legal issues are resolved. The Court recognized serious statutory matters have been raised by Joe Miller concerning what standard of review should be used to count the write-in ballots. The Miller campaign has consistently held that the state law must be applied, as written. Its provisions could not be clearer: "A vote for a write-in candidate…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” and, “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 Division of Elections chose to ignore that clear standard and instead issued new guidelines concerning "voter intent" only36 hours before ballot review began.
Federal District Judge Ralph Beistline in his ruling held, “In order to ensure that these serious State law issues are resolved prior to certification of the election, the Court hereby conditionally grants Plaintiff’s motion to enjoin certification of the election." The Judge added, "[T]he results of this election shall not be certified until the legal issues raised therein have been fully and finally resolved.”
Joe Miller reacted to the ruling saying, "I am gratified to have Judge Beistline recognize that we have raised vital questions concerning the ballot review in this election. It is critical that these issues be resolved not only for this election, but for future ones in Alaska, as well. We are a nation of laws, and the law concerning this could not be clearer. We need the state law applied consistently to all ballots cast. We look forward to the state court’s interpretation of the relevant laws consistent with what the people of Alaska enacted through their state legislature.”
A federal judge has granted the Miller campaign a temporary injunction to halt the certification of the votes in Alaska's US Senate race, the Anchorage Daily News (ADN) reported tonight. The injunction requires that Miller file his lawsuit in the state court by Monday. The target date for vote certification is November 29. In his ruling, the judge said, Miller's challenges to the write-in counts raises "serious legal issues," but said it was for the state to resolve. Murkowski claimed victory Wednesday night in Anchorage.
Meanwhile, the Miller campaign tonight sent an email blast indicating that "former Lieutenant Governor Loren Leman, explaining how the DOE's use of a standard other than the Alaska Statute is a deviation from established protocol that should be followed and therefore a political decision."
Former Lieutenant Governor Says Election Law Should Be Enforced
Anchorage, Alaska. November 19, 2010 -- The Joe Miller Campaign filed its reply memorandum in support of a Motion for Preliminary Injunction
yesterday to delay certification of the US Senate Election until a series of voting irregularities, that could affect the ultimate outcome of the Race, are addressed by the Division of Elections ("DOE"). The campaign asked a US Federal Court for the injunction in a pending case which seeks to determine the standard by which write-in votes are counted.
The Motion argues that the DOE moved the date of the count up and started counting earlier than expected which forced the Miller Campaign to fly many volunteers down to Juneau and prepare them for the vote challenge after the count had begun. "The necessity for volunteer challengers resulted from the fact that the DOE declared a standard other than the Alaska Statute which explicitly addresses what constitutes a valid write-in vote (AS 15.15.360 (11)). To this end, the Motion for Preliminary Injunction included an Affidavit sworn by former Lieutenant Governor Loren Leman, explaining how the DOE's use of a standard other than the Alaska Statute is a deviation from established protocol that should be followed and therefore a political decision.
Leman stated in his affidavit: "If an election had been held during my tenure as Lieutenant Governor which write-in votes had to be counted, I would have directed the Division Director to follow a strict interpretation of election law, and let a Court direct otherwise if a candidate and the Court disagreed with the Division's analysis." He went on further to state: "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. The Division likewise would not have counted marred or otherwise damaged ballots."
The affidavit supports the claim by the Miller Campaign that the standard being used for determining write-in votes is a change in practice and is solely the political decision of Lieutenant Governor Craig Campbell, originally an appointee of Governor Frank Murkowski. Campbell has instead decided to place
the standard outside the bounds of the law and into the hands of an unelected bureaucrat, the Director of the DOE. This decision was made irrespective
of the statute that clearly defines a legal standard for write-in votes, one that is entirely different than that applied by DOE over the past week.
Joe Miller addressed this by saying, "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. 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), 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. 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 Miller Campaign will be filing an Amended Complaint and a separate Motion for Preliminary Injunction based on the unequal treatment the ballots
received during the vote count. Lisa Murkowski's were counted by hand, allowing those not automatically tallied by the voting machines to be reviewed and counted. If Miller's ballots were given the same review, he will likely gain numerous votes.
The Miller Campaign is seeking to ensure that the rule of law is upheld and that every write-in vote is held to the standard defined by state law. The Campaign is asking the court to stay the certification so that all votes cast in Alaska’s U.S. Senate race be held to the same statutory standard.
The Anchorage Daily News (ADN) tonight reported that Joe Miller has filed an injunction with a federal court seeking to stop the certification of incumbent Senator Murkowski's election. The injunction is part of a outstanding lawsuit which seeks to have Alaska's election laws upheld to the letter of the law, which says that write-in candidates' names must be spelled correctly and the oval filled in or the vote is not valid. Out of 10,400 write-in ballots, Miller has challenged 8,153; however, according to the ADN report, even if Miller won every challenge, Murkowski is still in the lead. She claimed victory last night in Anchorage.
The Anchorage Daily News (ADN) reported overnight that Sen. Lisa Murkowski, the incumbent who lost the primary to Joe Miller claimed victory in the bitter and drawn-out general election. The Associated Press and the Alaska GOP both called the race in Murkowski's favor, however, Miller is not conceding, according to the ADN report. Joe Miller last night issued a press release indicating that his campaign would be reviewing precinct logs to ensure a fair election.
Joe Miller today reported that the Alaska Division of Elections will permit his campaign to "review precinct logs from all throughout the state." Meanwhile, according to the Anchorage Daily News (ADN), the incumbent, Sen. Lisa Murkowski is enroute to Anchorage to claim victory in the election with the announcement expected at 1730 (5:30 PM) AKST. The Associated Press officially called the race in her favor, ADN reported in the same article.
Division of Elections Grants Miller Campaign Access to Precinct Logs; Not Voting Machine Tapes
Anchorage, Alaska. November 16, 2010 -- The Joe Miller campaign is pleased the Division of Elections will allow access to several precinct registers for review; however, the Division has not responded to the campaign's request to review the voting tapes generated by the voting machines at the polling places. These tapes tally the total number of votes cast.
The Joe Miller campaign filed suit last Friday in state court in Juneau in order to compel the State to fulfill its legal obligations under the Public Records Act and allow inspection of the election registers from certain precincts that voters signed before casting their ballots. The Division of Elections had been
unresponsive to the Miller request. The lawsuit simply asked that representatives from the campaign be given access to inspect the election registers.
Given the contested nature of the election, time is of the essence to ensure the vote count is trustworthy and that each valid vote is counted, and that there is no opportunity for fraud to taint the election results. Irregularities at polling places have been noted both Election Day and during the ballot review process including sworn affidavits testifying to unsecured ballot boxes and ballot envelopes arriving in Juneau presorted by the Senate race: these ballots are not to be handled in this fashion prior to the write-in review.
Miller Campaign Chief Counsel Tom Van Flein noted, “The campaign determined that inspection of precinct registers was an appropriate audit to spot check the process. The registers will provide data on the number of people who signed in to vote which can be matched with the number of votes tallied for each precinct.”
Another essential verification of the vote totals will be a review of the voting tapes created by the vote counting machines from the precincts. The Miller campaign has requested a review of the tapes from certain precincts, but thus far the Division of Elections has refused to respond to this request.
Miller campaign spokesman Randy DeSoto said, “The review of these tapes will help ensure the accuracy of the vote count. The Alaska Democratic Party brought suit against the Division of Elections in 2006 because of the wide variation in the Division’s “Official Results Statewide Summary” and the “Statement of Votes Cast” reports. The Democratic Party's complaint noted in 2004 there was a 77,546 vote discrepancy for Lisa Murkowski between the two reports. We want to avoid any such reason to doubt the results in this election.”
DeSoto added, "At the end of six days of ballot counting, the race between Joe Miller and Lisa Murkowski is still very close. The number of Joe Miller votes is 90,448, while the number unchallenged votes for Lisa Murkowski stands at 84,563. If current trends continue, Murkowski's final unchallenged tally will be in close proximity to Miller's total. Additionally, there are hundreds of ballots yet to be counted including those from overseas military personnel, which may draw the overall numbers between the Miller and Murkowski even closer. The race is far from over."
Joe Miller today debunked five myths about the Alaska US Senate race in an email blast sent to his supporters. Citing write-in ballot counts from last night, Miller has 90,448 un-contested votes to Murkowski's 84,563. Two of the myths relate to Alaska's election law which is very clear: candidates' names must be spelled correctly on write-in ballots or the ballot is not valid. Further, Alaska's election also does not give ballot counters discretion to determine a write-in ballot's validity. "You spell it correctly, or you don't," Miller wrote.
Murkowski did spend a considerable amount of money to ensure that voters spelled her name correctly on write-in ballots, though her first advertisement had to be done over again because her name was misspelled.
Lest anyone forget:
Murkowski apparently was concerned enough that the law would be strictly and correctly interpreted, that this campaign ad is devoted to spelling her name correctly on write-in ballots:
Finally, Miller said that there was indeed instances of voter irregularities and fraud in this race.
Please donate to Joe Miller's Senate Defense Fund by clicking the appropriate graphics and links in the ad below.
Lisa Murkowski and her friends in the media has misled you. They want you to believe that Joe has lost this election. Below, we dismantle 5 common myths going around:
MYTH 1: Joe Miller is forcing the state of Alaska to count ballots.
Lisa Murkowski is forcing the count in Alaska - by ignoring the primary process (after
promising to stand by the results) and conducting a write-in campaign costing millions of dollars, Lisa ensured a drawn-out counting process would be
required to determine a victor.
MYTH 2: Lisa Murkowski is
beating Joe Miller
After 7 days of write-in ballot
counting, Republican nominee Joe Miller still leads incumbent Lisa Murkowski in the uncontested write-in ballot count. As of Monday night, nearly all
write-in votes have been counted. Joe Miller has 90,448 uncontested votes and Murkowski only has 84.563. If current trends hold, Miller and
Murkowski will likely end up in a dead heat in the uncontested ballot count.
MYTH 3: Joe Miller is indiscriminately throwing out ballots
By law, Alaska statute mandates that the candidates name be spelled correctly. Joe Miller is challenging ballots based on that statute. As a strong believer in the rule of law and constitutional values, Joe believes in this high standard of proof required for write-in ballots to be considered.
Given that the counting process alone has cost the state significant time and resources, a strict interpretation of ballots is necessary to ensure election results are determined in a fair and timely manner. This is crucial for Alaskans to receive proper congressional representation.
MYTH 4: The law leaves it up to ballot counters to determine what ballots are legitimate
Lisa Murkowski’s campaign has spent considerable funds attempting to ensure that
her name is properly spelled on the write-in ballots, proving that she anticipated and prepared for a strict interpretation of law. The law
allows no room for personal interpretation. You spell it correctly, or you don't.
MYTH 5: There are no reports of fraud or voting irregularities
The Joe Miller campaign has documented numerous instances of voting irregularities.
While nothing can be done about these cases now that the election has already been held, the Joe Miller campaign believes that these cases prove why it is all the more necessary to ensure that there is strict interpretation on the ballot counting process.
Stay tuned for constant updates and please share this with your friends and family.
US Senate candidate Joe Miller set up a toll-free phone number for voters to report voter fraud, which he said was rampant in the Alaska Senate campaign." Not only do we have evidence of electioneering conducted by multiple government contractors, but we’re also battling the state to ensure that laws were followed on Election Day," Miller said in an email blast sent today.
Joe Miller had sued to make sure Alaska's Division of Elections requires exact spellings of write-in candidate's names on ballots, as has been the precedent in prior elections. According to an Anchorage Daily News (ADN) report, the state has said it will exercise discretion over misspellings and name variations. Miller's suit was the opening salvo in what he predicted could be a lengthy and costly legal battle. Meanwhile a federal judge denied an injunction to immediately stop counting the write-in ballots. As of this writing, the ADN is reporting that the incumbent, Sen. Lisa Murkowski is carrying 98% of the write-in vote with 50% of the precincts counted.
Please donate to Joe Miller's US Senate Defense fund by clicking the links in the email advertisement. Donors may contribute up to $2,400 above and beyond what they have contributed to Miller's original Senate campaign.
U.S. Supreme Court Justice Louis Brandeis once said, “sunshine is the best disinfectant.”
Now that we’re trying to clean up the Alaska election system with sunshine, we’re being called “frivolous” or
“excessive.”
What the media and entrenched politicians claim is frivolous, we find outrageous.
Throughout this campaign, we’ve faced a highly-organized and highly-placed political machine in Alaska. Now we are hearing about outrageous voter fraud and corruption.
In fact, the reports of voter fraud are so bad that we’ve set up a toll free number for voters to alert us to incidents at 1-866-446-4138.
Not only do we have evidence of electioneering conducted by multiple government contractors, but we’re also battling the state to ensure that laws were followed on Election Day.
Throughout the country, precinct registers are examined against the total number of ballots submitted. This is not a far-fetched idea, but a standard process conducted to ensure accountability.
When we requested copies of the precinct registers to examine, we were told that the state was “too busy.”
Now, we’re forced to ask a judge in Juneau to order the state to produce the precinct registers, a common practice in the rest of the country.
We’re not trying to win by any means necessary or force Alaska to go through a long and painful ballot counting process. We simply want to see the rule of law upheld and sunshine open up these ambiguous and questionable tactics.
When Lisa Murkowski announced she was running as a write-in candidate in September, she single-handedly sentenced the state to a divisive and expensive election.
She made it clear in her announcement speech that she understood the difficulties and potential ramifications of running as a write-in candidate.
Now when we ask that the state follow a clear and explicit law, the
political machine – the one painstakingly built by her family – is pushing back and playing to a sympathetic media.
We need your help in this fight. We’re going up against state bureaucrats, the media and powerful insiders to keep Murkowski entrenched in DC.
In between Election Day and Thanksgiving, is a very important but overlooked holiday in America.
Today, we take a moment to thank those who have served in our armed forces.
From those choice souls who fought in World War I and II to the young men and women returning home from Iraq and Afghanistan, we thank you.
We offer our deep appreciation for your service to this great country.
Please take a few minutes today to remember the sacrifices of our brave men and women in uniform and thank a veteran for his or her service to our
country.
The Anchorage Daily News tonight reported that 89% of 7,638 write-in ballots thus far are for the incumbent, Sen. Lisa Murkowski. Joe Miller had sued to make sure Alaska's Division of Elections requires exact spellings of write-in candidate's names on ballots, as has been the precedent in prior elections. According to the ADN report, the state has said it will exercise discretion over misspellings and name variations. Miller's suit was the opening salvo in what he predicted could be a lengthy and costly legal battle. Meanwhile a federal judge denied an injunction to immediately stop counting the write-in ballots.
In an email blast sent this afternoon, Miller reported that he had gained 2,600 votes from the absentee ballots, leaving an 11,000-vote gap between himself and Murkowski.
The race for U.S. Senate has tightened in Alaska!
Yesterday, the majority of absentee ballots were counted, which significantly tightened the gap between ballots listing a write-in
candidate and me.
With more absentee ballots left to be counted, we picked up 2,100 votes to narrow the gap to around 11,000
between ballots cast for me and write-in votes.
The write-in ballot count starts today.
You may have also heard that we filed suit in federal court asking the state Division of Elections to comply with state law.
Here is why we’re pursuing legal action.
We’re simply asking that the state follow existing law rather than create new standards 36 hours before the vote count starts and after the votes have been cast. Our focus is to keep this election legitimate and fair.
According to Alaska Statute 15.15.360 (11):
A vote for a write-in candidate…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.
This statute does not allow for the election board to weigh “voter intent” or use any other criteria.
When a candidate chooses to go outside of the primary process they also choose the most difficult path to election. That choice has consequences -- not the least of which is a scrutiny in which the law demands exactness in executing the ballot.
Evidence shows that the Murkowski campaign understood this as seen by the millions spent on wristbands, cards and commercials to explain how her last name is spelled.
Several times we have asked the Division of Elections to comply with the clear legislative mandate regarding write-in ballot counts.
The Division rejected the legislative statute. As you can see, the statute tells the Division in no uncertain terms that there shall be "no exceptions" to how the write-in ballots should be counted. Instead the Division of Elections has substituted their own standards.
This last minute change, created yesterday, besides being potentially unconstitutional, is troubling.
Please remember that we’re still in this race to win it.
Above all else, we want a fair election, and we want the law to be followed as written, not as a state employee wants it to be.
The Anchorage Daily News tonight reported that Joe Miller has sued to make sure Alaska's Division of Elections requires exact spellings of write-in candidate's names on ballots, as has been the precedent in prior elections. According to the ADN report, the state has said it will exercise discretion over misspellings and name variations. Miller's suit is the opening salvo in what he predicted could be a lengthy and costly legal battle.
Meanwhile absentee ballots are being counted with Joe Miller gaining among military voters as expected.
Joe Miller today announced that 37,000 absentee ballots are being counted throughout Alaska and the count of write-in ballots begins tomorrow. Since many of the absentee ballots are military, Miller is "cautiously optimistic" that he will do well there. Miller discussed the absentee ballots with Mark Levin yesterday in a 10-minute interview.
Joe Miller is one of Governor Palin's 73 endorsed candidates, but she has expended significant effort beyond endorsement to help the Miller campaign, including a legal maximum donation from SarahPAC, and stumping for him at numerous venues. Governor Palin's work for the Miller campaign propelled him to an upset win in the August 24 primary.
Subsequently, Sen. Murkowski launched a write-in campaign; however, some 160 angry Alaskans listed themselves as write-in candidates following a court ruling that permitted lists of write-in candidate names to be present at polling sites. "Write-in" which encompasses all 160 write-in candidates has 41% of the vote. Miller has 34%, and Democrat Scott McAdams lost obtaining only 24% of the vote. To win, Murkowski must have more than 34% of the vote. The combination of her being in a field of 160 write-in candidates and the tendency for between 5% and 6% of write-in ballots to be invalid are not favorable to a Murkowski win. "Because the Division of Elections has not issued a clear ruling on how exact the write-in name on ballots must be, we anticipate possible legal challenges," Miller wrote in an email blast sent today.
Murkowski and her high-powered connections have engaged in what could kindly be called "electoral irregularities," including illegal electioneering by a federal contractor, and validating absentee ballots without required notification. As delineated in this email advertisement, Murkowski is in Washington, DC, palling around with lobbyists and inside-the-Beltway power brokers.
The final stage of this election starts today. Throughout Alaska, absentee ballots are being counted, and we’re preparing for write-in ballots to begin tomorrow.
We have dozens of volunteers around the state and dozens more heading to Juneau for tomorrow's count of the write-in ballots. We are trying to fund transportation, lodging, and meals for all of these great Alaskans.
Through our new legal fund, the Joe Miller for U.S. Senate Legal Fund, you can send additional donations even if you contributed the maximum legal limit prior to the election.
We’re on the ground and carefully monitoring the process with our teams of volunteers and legal counsel.
The same can’t be said for my opponent.
This week, Lisa Murkowski flew back early to Washington, D.C. in anticipation of a fundraiser thrown by her insider friends.
The Senate’s Lame Duck session doesn’t begin until next week, but it seems as though my opponent couldn’t wait to get back to the Beltway and out of Alaska.
While we’re engaged in the ballot counting process and making sure that Alaska’s laws are upheld, Lisa Murkowski is thousands of miles away.
In many ways, the real battle starts tomorrow when the write-in ballots begin to be counted…and my opponent is on the other side of the country.
Because the Division of Elections has not issued a clear ruling on how exact the write-in name on ballots must be, we anticipate possible legal challenges.
Alaska’s statute on write-in candidates is clear. The name that is written in on the ballot must match the name of the write-in candidate registered with the Division of Elections.
Seeing some of the sudden decisions and arbitrary announcements from the Division of Elections, we know that we face an uphill battle.
Joe Miller today announced a new legal entity to raise funds for ballot counting and any possible legal battles. The new fund structure permits individual donations up to $2,400 above what may have already been given to his US Senate campaign.
Joe Miller is one of Governor Palin's 73 endorsed candidates, but she has expended significant effort beyond endorsement to help the Miller campaign, including a legal maximum donation from SarahPAC, and stumping for him at numerous venues. Governor Palin's work for the Miller campaign propelled him to an upset win in the August 24 primary.
Subsequently, Sen. Murkowski launched a write-in campaign; however, some 160 angry Alaskans listed themselves as write-in candidates following a court ruling that permitted lists of write-in candidate names to be present at polling sites. "Write-in" which encompasses all 160 write-in candidates has 41% of the vote. Miller has 34%, and Democrat Scott McAdams lost obtaining only 24% of the vote. To win, Murkowski must have more than 34% of the vote. The combination of her being in a field of 160 write-in candidates and the tendency for between 5% and 6% of write-in ballots to be invalid are not favorable to a Murkowski win.
Murkowski and her high-powered connections have engaged in what could kindly be called "electoral irregularities," including illegal electioneering by a federal contractor, and validating absentee ballots without required notification.
Given the evidence of electioneering that surfaced over the weekend, and the media’s cheerleading of my opponent, we know that we face an uphill battle to ensure a fair election in Alaska.
That’s why friends and supporters of our campaign helped set up a new legal entity to raise much-needed support for expensive ballot counts and any legal battles.
This new entity means that all individuals can donate $2,400 per person in addition to what they may have given to Joe Miller for U.S. Senate.
The new fund supports the cost and lodging of volunteers who are observing the ballot count and additional costs related to a lengthy hand count of ballots.
The state Division of Elections decided to hold the ballot count in Juneau, which is only accessible by air or boat. Because if the challenges of getting a team in place in Juneau, we need your support.
In this email Joe Miller details illegal electioneering and other chicanery being pulled by the incumbent, Sen. Lisa Murkowski and her supporters. Among other things: a federal contractor "strongly encouraged" his employees at an airbase to vote for Murkowski, telling them funding for their jobs would be endangered if they did not. Meanwhile, Alaska's Division of Elections began validating absentee ballots without the required 24-hour notification to the campaigns (at least Miller's campaign). Murkowski is holding a fund-raiser tomorrow with lobbyists, special interest group representatives and "K Street" types. The RINO boasts of Vice President Biden as being her friend.
Joe Miller is one of Governor Palin's 73 endorsed candidates, but she has expended significant effort beyond endorsement to help the Miller campaign, including a legal maximum donation from SarahPAC, and stumping for him at numerous venues. Governor Palin's work for the Miller campaign propelled him to an upset win in the August 24 primary.
Subsequently, Murkowski launched a write-in campaign; however, some 160 angry Alaskans had themselves listed as write-in candidates following a court ruling that permitted lists of write-in candidate names to be present at polling sites. "Write-in" which encompasses all 160 write-in candidates has 41% of the vote. Miller has 34%, and Democrat Scott McAdams lost obtaining only 24% of the vote. To win, Murkowski must have more than 34% of the vote. The combination of her being in a field of 160 write-in candidates and the tendency for between 5% and 6% of write-in ballots to be invalid are not favorable to a Murkowski win.
In the video, a government contractor is caught on tape reminding other employees to write-in Murkowski’s name and providing cards for
the employees to take with them to the polls. Under federal law, this type of activity, known as electioneering, is illegal.
Laws in Alaska exist to define the election process at all levels. Any deviation from that process is unsettling. Our democratic voting process has at its foundation the Constitution and the statutes of this state.
In situations like this election, you learn who your real friends are.
This week, we learned that Vice President Joe Biden is among Lisa Murkowski’s good friends.
In an interview with the Associated Press, she bragged that Biden had called and congratulated her.
Now that the election is over, Lisa’s true stripes are coming out, and they are those of a Washington insider who is focused on preserving her power and protecting special interests on both sides of the aisle on Capitol Hill. She’s even holding a Washington-based fundraiser tomorrow with K Street types!
As the process of counting ballots progresses, we’re discovering that Lisa has many more friends in high places both in Washington and Alaska.
In fact, we’re growing more and more concerned that existing Alaskan laws are not being upheld in this election.
On Friday, we learned that the Division of Elections began validating absentee ballots without notifying us. This directly conflicts with their Election Observers’ Handbook that states the Division of Elections must “notify” the campaign “24 hours in advance of the time of ballot review….”
In fact, the Division of Elections never contacted us: an Alaskan Republican Party official informed us Friday morning, after the validation process had already begun.
Our goal is to uphold the integrity of the voting process. Every vote that is cast
correctly should be counted. All Alaskans deserve a free, open, and fair election. Unfortunately, the State Division of Elections has decided to call that process into question with the constant maneuvering of dates and procedures.
This decision concerns us because we don’t know how many ballots were reviewed without fair scrutiny. The absentee validation is occurring across the
state in various locations. It is unclear why we were not notified about the decision to begin validation on Friday.
While much of the media has written off Alaska's US Senatorial election as an "upset win" for incumbent Lisa Murkowski, no winner has been declared and the write-in ballots have yet to be counted. The dynamics of the "write-in" vote lead have been been sufficiently delineated in "Cliffhanger".
The ballots encompassing 160 write-in candidates are to be counted starting on Wednesday, November 10. As noted in the mailing below, write-in votes for Joe Miller will count as votes for him - meaning votes for him on the Republican line or written in will count toward his total. That, along with the help he is receiving from donors like you and various PACs is the good news.
The bad news is, Murkowski is holding a fund-raiser on Monday which is to be boosted by lobbyists and special-interest group. Her campaign has hired a lawyer who worked on the Bush recount in 2000, indicating that she is girding for a possible legal battle over the election.
Absentee ballot counting was moved up to today, and the write-in ballot count is scheduled to start next week.
We remain optimistic that we will prevail in this election.
I’m sure you keep hearing updates and conflicting reports as events progress. Here is what we know:
Write-in ballots for me will count. The announcement reverses
a previous decision made by Lieutenant Governor Craig Campbell.
Thousands of dollars are pouring in to help us ensure a fair count of ballots. Please continue to help support us. Click here to make a donation.
The National Republican Senatorial Committee, Governor Mike Huckabee’s Huck PAC, and Senator Jim DeMint’s Senate Conservatives Fund are working with us to raise money for potential legal challenges and the expenses relating to hand counts of ballots.
Rumors are escalating that rampant voter fraud occurred in the state to benefit my opponents. We are tracking these and investigating the claims.
Lisa Murkowski has called on her circle of DC insiders for support. Her campaign hired a famous Washington-based lawyer who worked on the Bush recount in 2000.
Murkowki’s Beltway friends are holding a fundraising luncheon on Monday in Washington. A number of newspapers in DC reported that an email invitation was sent to lobbyists and special interests urging them to donate.
While we’re making strides in Alaska to ensure fairness, we still need your help. The media and Washington insiders have declared Murkowski the winner in this race.
We know that true conservatives – like you and me – are waiting to see the time-honored traditions of a democratic election followed. As we’ve said before, “write-in” is not a winner, and the ballots must be completely counted before this race can be decided.
