Thursday, December 23, 2010

Miller Reviews Impact of State High Court Decision on Federal Case

US Senate candidate Joe Miller said in a press release issued last night that his campaign will be reviewing the Alaska Supreme court ruling to see what outstanding issues remain to be brought in his federal case. Miller has until Monday, December 27 to bring these issues to US District Judge Ralph Beistline, and the state has until December 29 to respond. Fox News provided a good synopsis and developed the story, since news of the ruling broke yesterday.

In his press release, Miller said:
The Alaska Supreme Court issued a ruling earlier today denying both Joe Miller's appeal and Lisa Murkowski's cross-appeal, affirming various decisions of the Division of Elections that the candidates had challenged.

"We disagree with the court's interpretation of the election code, but respect both the rule of law and the court's place in the judicial system," Miller said. "We are studying the opinion and carefully considering our options."

He added, "I am deeply gratified by the unwavering support that so many people throughout the State have offered throughout this entire process."

The U.S. District Court for the District of Alaska also issued an order, inviting Miller to submit a brief regarding his federal claims by this Monday, December 27, and directed the State to file a response by the following Wednesday.

"We are reviewing the state supreme court's ruling to determine the impact it will have on our federal claims--which the federal court already noted were 'substantial'--and identify the best way to proceed," noted Michael T. Morley, one of Miller's attorneys.

Miller noted, "This litigation always has been about preventing the Division of Elections from being able to re-write the law as it chooses, and seizing for itself the power to be able to affect the outcome of elections based on what write-in votes it chooses to count."

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