The Anchorage Daily News (ADN) yesterday reported that a federal judge said Joe Miller's vote count litigation should not hamper the state of Alaska from certifying the US Senate race. "[The] certification could be revoked if done in error," U.S. District Judge Ralph Beistline wrote in a court order. Judge Beistline asked both Miller and Sen. Murkowski to submit legal briefings pertaining to certification. The election must be certified prior to January 3, 2011, otherwise Sen. Murkowski will not be seated and she would lose her seniority on committees.
Miller is appealing the vote count litigation to Alaska's Supreme Court with arguments to be heard Friday, December 17, 2010. The Alaska Superior Court (trial court) ruled against him on all six counts this past Friday. See: Complete Transcript of Alaska Superior Court Ruling: Miller v. Lt. Gov. Craig Campbell, and Alaska DOE.
If Miller loses his case in the state Supreme Court, Judge Beistline would hear the outstanding issues at the federal level. Miller spokesman Randy DeSoto said Miller is willing to take the case up to the US Supreme Court if necessary.
Either way, the state is taking a gamble. If the state expedites certification and Alaska's Supreme Court rules in Miller's favor, the election would be de-certified, Sen. Murkowski's would be un-seated, followed by re-certification for Miller and seating of Miller. The process is probably far more complex and could spawn a host of other legal issues. If the state waits for all the legal issues to be resolved, the election remains un-certified with no winner and only Senator Mark Begich (D) representing Alaska.
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