Miller's Lawsuit Moved to Juneau, No Ruling on Murkowski Intervention

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. ### P.S. Help us ensure a fair vote count in Alaska. Please click here to donate a gift of $100, $75, $50, or $25. Paid for by Joe Miller for US Senate Recount

Miller: No to Murkowski's Change of Venue and Intervention

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. For more information contact Randy DeSoto: randy@joemiller.us ### P.S. Help us ensure a fair vote count in Alaska. Please click here to donate a gift of $100, $75, $50, or $25. Paid for by Joe Miller for US Senate Recount

Miller Calls on Lt. Governor Campbell to Fulfill His Duty

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.” ### P.S. Help us ensure a fair vote count in Alaska. Please click here to donate a gift of $100, $75, $50, or $25. Paid for by Joe Miller for US Senate Recount

Miller: Lawsuit Moved to AK State Court

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 Anchorage, Alaska. November 22, 2010 -- Today, the Joe Miller campaign filed suit in state court as directed by federal U.S. District Court Judge Ralph Beistline. Judge Beistline ruled on Friday that the Miller campaign had raised "serious constitutional questions" regarding the manner in which the state handled the ballot counting, and ordered a stay of certification of the election because those questions implicated "serious state law issues." The lawsuit presents most of the same issues that were before Judge Beistline. Specifically, because state law forbids the counting of write-in votes that do not match the name of the candidate as set forth in the candidate's declaration form, and because the state legislature declared that there will be "no exceptions" to this law, the Miller Campaign is challenging the Division of Elections arbitrary decision to ignore this statute. Under the federal Constitution, only the state legislature can establish the voting standards for a senatorial election, and the state judiciary and state executive branch are prohibited, under the Elections Clause, from tampering with the legislative mandates. Nevertheless, the state ignored the legislative statute and instead came up with its own regulations, regulations that have never been applied in 50 years of statewide elections. Campaign spokesperson, Randy DeSoto said that, "The state of Alaska successfully argued to the Alaska Supreme Court that a voter list had to be provided at each precinct because if the write-in votes were not spelled correctly, the ballot would not be counted. Now, after the election, the state is taking a different position, claiming the law does not really say what the state told the Alaska Supreme Court it did. This duplicity does not speak well for the Division of Elections." Joe Miller said, "We have consistently stated that the rule of law has to be followed. The state of Alaska, through its elections division, must respect the law enacted by the legislature. It is not enough that the Lt. Governor personally does not like the law. It is the law until it is amended or repealed by the legislature, and the failure to follow state law shocks the conscience of every voter who thought their vote would be counted in accord with law." Miller added, "State law is not a lunch menu where the Lt. Governor can pick and choose which laws he likes and will follow and which ones he doesn't like. Deliberate indifference to the law cannot be condoned." Campaign Chief Counsel, Thomas Van Flein, further noted that "we have also raised substantive and procedural concerns arising out of the state's creation of a new voting regulation that was never publicized, never vetted for public input, and completely lacked an enabling statute. Under the state Administrative Procedure Act, the regulation should be declared invalid, and that is what the Complaint is seeking." ### P.S. Help us ensure a fair vote count in Alaska. Please click here to donate a gift of $100, $75, $50, or $25. Paid for by Joe Miller for US Senate Recount

Joe Miller: Vindication

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. Will you give a donation today to help us offset the costs imposed on us by this write-in campaign? Click here to make a donation. 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. Please help us finish this election strong. Make a donation today to help our cause. Joe Miller Paid for by Joe Miller for US Senate Defense Fund

Miller: Fed Court Stops Election Certification

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.

Indeed, Sen. Murkowski herself expected that the statute was going to be followed as her ad campaigns focused on the correct spelling of her name.

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.” ### P.S. Help us ensure a fair vote count in Alaska. Please click here to donate a gift of $100, $75, $50, or $25. Paid for by Joe Miller for US Senate Recount

AK Senate Election Cert Injunction Conditionally Granted for Miller

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. ### P.S. Help us ensure a fair vote count in Alaska. Please click here to donate a gift of $100, $75, $50, or $25. Paid for by Joe Miller for US Senate Recount