Politics

Alaska Judge Shoots Down Joe Miller’s Election Challenge

In a Friday afternoon decision, Superior Court Judge William Carey ruled against tea party-favorite Republican Joe Miller on all counts in Miller’s ongoing Senate election challenge. The Anchorage Daily News reports:

The judge found there was no evidence of election fraud and that there was nothing wrong with the state considering “voter intent” and counting misspelled write-in ballots for [Sen. Lisa] Murkowski.

“In interpreting statutes in election law contexts, the Alaska Supreme Court has emphasized the importance of giving effect to the will of the people as expressed in the exercise of their vote,” the judge wrote in his ruling put out this afternoon.

The Miller campaign argued state law didn’t allow misspellings to count.

State law says write in votes should be counted 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.”

The judge focused on the fact that the law includes the word “appears.”

“The definition of ‘appears’ in this context does not require perfection or precision, but rather a close, apparent approximation known to the viewer upon first look. This seems to the court the far more reasonable interpretation of the term than the rigid meaning attributed to it by (Miller),” the judge wrote in his ruling. “If exact spellings were intended by the legislature, even with respect to the most difficult names, the legislature could have and would have said so.”

The judge also disagreed with Miller‘s argument that the illegality of counting misspelled ballots is confirmed by Murkowski’s own effort during the campaign to convince voters to spell her name right.

“He seems to suggest that a voter who really wanted to vote for Murkowski would have no excuse for getting the spelling of her name wrong. But of course there are many reasons why this might happen, whether they involve a village elder who had grown up speaking his or her Native dialect, a recently naturalized citizen, a person with any one of a number of disabilities, or someone who just mistakenly left off a letter in his or her chosen candidate’s name,” the judge wrote.

The Wall Street Journal adds that the Murkowski camp anticipates Miller will appeal Friday’s decision to the Alaska Supreme Court, which may consider the case as early as next week.  The expedited schedule would allow Murkowski to begin a new Senate term when the 112th Congress convenes in January.

Comments (88)

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  • shellmen
    Posted on December 11, 2010 at 7:38am

    How dare anyone question queen lisa what are you all thinking. the good old boys club is alive and well and if you think we have won anything guess again. The fight has almost started and we had better be much more vigillant the next two years. they depend on us forgetting what they do and promise to do by the next election and that is their power.

    Report Post »  
  • justice
    Posted on December 11, 2010 at 7:16am

    She is definately a cheat, you are not voted in the primary race, and cannot accept defeat, then goes as a write in. The law is flawed, and so is this women. Good Luck Alasksa.

    Report Post »  
  • Conserving Ink
    Posted on December 11, 2010 at 7:05am

    This is why the return to the Constitution will take a while, judges are not easily replaced. They have to die off mostly. We just need to make sure we have people in office that will replace those judges with strict Constitutionalists.
    ______________________________________________________________
    http://conserving-ink.blogspot.com/2010/12/30-day-and-half-full-glass.html

    Report Post » Conserving Ink  
    • kandeman
      Posted on December 11, 2010 at 6:13pm

      You mean like congressional democrats…Kennedy, Murtha, Byrd !!

      Report Post »  
  • NickDeringer
    Posted on December 11, 2010 at 7:04am

    Good try, Joe. There’s always 2012.

    Report Post » NickDeringer  
  • whitaker
    Posted on December 11, 2010 at 7:03am

    She won it with dem support and we know how that matters. BTW they approved Mcow$h!t.
    “Those who vote decide nothing, those who count the vote decide everything” -Josef Stalin

    Report Post » whitaker  
  • R and K
    Posted on December 11, 2010 at 6:59am

    “as it appears on the write-in declaration of candidacy,…”

    The judge isn’t smart enough to know that if a person is declaring their candidacy, they will likely know how to spell their own name?

    Or the judge believes the electorate is so dumb they will buy this lame ruling.

    Joe Miller needs to take this to the Supreme Court, not for his benefit, but for ours. It needs to be re-established that this country is a nation of laws.

    Report Post »  
  • Oldphoto678
    Posted on December 11, 2010 at 6:59am

    Good!!!

    Report Post »  
  • Endstatism
    Posted on December 11, 2010 at 6:52am

    Not to say that this is any centralized conspiracy, but if you can destroy the integrity of elections in enough peoples minds in America, guess who will more likely stay at home? Not the progressive activists.

    Report Post » Endstatism  
  • JACSON
    Posted on December 11, 2010 at 6:29am

    Didn’t matter who ran against this slimy witch,daddy’s money was going to buy the election.It is too bad for the Alaskan people because she is nothing but a democrap in disguise.She will vote more with the dems than with her own party.This was a totally bought and paid for election from the judge on down by her daddy.

    Report Post »  
  • Incline_Skier
    Posted on December 11, 2010 at 6:18am

    In all fairness, while I was against Murkowski, it would not be fair for a vote to be discounted, if it was 100% obvious, it was a vote for her, even if it had 1, or 2 letters off. If it would be discounted, even if it was following the law, it would be taking away a vote from the people. Our Republic is based on the people, and if they voted for her, then give her the vote. If they voted for him, give him the vote. If it is obvious, I don’t really care about the “loophole” one letter off = doesn’t count. Its not fair to the people, nor to the state. Again, I was against her, however, common since should apply here, for the good of people, state and country.

    Report Post » Incline_Skier  
  • P4cooler
    Posted on December 11, 2010 at 5:43am

    When the GOP has an important fight and needs 60 votes….. watch Murkowski stab the Conservatives in the back and vote with the Democrats just as Olympia Snow, Mike Castle etc…… Looks like America has to CRASH and BURN before voters wake up.

    Report Post » P4cooler  
  • SilentReader
    Posted on December 11, 2010 at 5:21am

    Nothing can alter the fact that Murkowski is a sore loser and we all would be better off without her.

    Report Post » SilentReader  
  • FlatFoot
    Posted on December 11, 2010 at 4:24am

    Meh. Whatever. She’ll either sink or swim after she is sworn in.

    Hopefully she won’t do too much damage before she is unelected in 4-years.

    Report Post » FlatFoot  
  • sodizzy
    Posted on December 11, 2010 at 4:23am

    It appears the judge likes Lisa.

    Report Post » mlcblog  
  • rosie100
    Posted on December 11, 2010 at 4:21am

    As much as I don’t like Lisa and did not vote for her, Joe totally blew it. He was not forthright about his past indiscretions and basically came across as a slimy liar (which of course should have allowed him to be a good politician in DC). Basically Alaska ended up with no one to vote for who was honest, not a RINO, and would represent our state in an honorable way. Disgusting. If the Tea Party is going to support someone they had better vet that person better than they did Joe. Lisa is just like her father: ran on things that he flip flopped on so many times he looked like a fish flopping around in a boat or on shore.

    Report Post » rosie100  
    • AKGRAMPS
      Posted on December 12, 2010 at 1:21am

      suck right up there to the major media crap that they tried to smear Joe with.
      He is a normal adult with a family, he made some very minor missteps that the scum mongers were happy to blow completely out of proportion, and dwelt on incessantly in order to distract us from any issue of substance.
      Check Lisa’s ethical background.

      Report Post » AKGRAMPS  
  • dcwu
    Posted on December 11, 2010 at 4:00am

    The judge appears to not comprehend what “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.” means. Obama should consider this one for his Supreme Court.

    Report Post »  
  • Vox Populi
    Posted on December 11, 2010 at 3:44am

    Since there were 100 people ran for office of Senate – ALL were allowed to be “write in” candidates.

    Who can say if ALL votes for ALL 100 candidates were “interpreted” as wrong spellings of “Murkowski”? I can hear the RINO review panel now: “…huh, 25 votes for some guy named ‘Big Chief Manchild’? …oh, wait a minute – if I hold the ballot just right – I clearly divine the voters intended to vote for Murkowski…”

    Just make sure Murkowski sits by Al Franken – birds of a feather, flock together….

    Stealing an election is easy – just ask Richard Daly, and then ask Richard Daly…Jr. (it’s a father/son legacy).

    Everybody’s good at something.

    Vox

    Report Post » Vox Populi  
    • frgough
      Posted on December 11, 2010 at 9:54am

      It is a very dangerous precedent to give those counting votes the power to determine what constitutes a valid vote.

      Report Post »  
  • orkydorky
    Posted on December 11, 2010 at 3:28am

    The Judge is right about as it appears, and it depends on what is is !!!! Obviously if it‘s misspelled then it won’t appear the same will it Dummy ? More commie double talk, the judge can’t even make a convincing case for his ruling. I wonder if this guy sleeps with his dirty money ?

    Report Post » orkydorky  
    • G.W. Dobbs
      Posted on December 11, 2010 at 4:23pm

      Precedent Cases established that Write-In candidates MUST conform to LAW; except, of course, one’s Judicial Appointment was assisted by the write-in Candidate’s father or political cronies. In THAT case, Judges get to “interpret” Law as they desire. It is called “Pay Off”. What good is LAW if it is open to interpretive decission? NONE. As for telling Miller there will be a “next time”, TELL MURKOWSKI. She is the one who LOST according to LAW AS WRITTEN.

      Report Post »  
  • Joseph28
    Posted on December 11, 2010 at 2:44am

    Judicial Activism at its worst!

    The rules are so clear a child can understand it! Control the language and you control the argument. In this case you legally cheat and steal the election. I would take it to the Supreme Court, because THIS issue is that important.

    They are trying to CONTROL the election process now, it has to stop now. Mr. Miller, please take this as far as you can. This is no longer simply about your election alone, this is about the country, This spoiled brat child grandma wont give up, even if she has to cheat to do it.

    How was the last write-in won? Did it simply have to be “In the ball park”? or did it have to be precise?

    Report Post » Joseph28  
    • mzmaj7
      Posted on December 11, 2010 at 3:14am

      The mental contortions some justices make to have their way with the law…

      Report Post »  
    • wp5031
      Posted on December 11, 2010 at 7:47am

      I support your position. Rules are Rules and if I understand the Alaska law it states spelled correctly. Pretty clear to me. I hope he takes it up the judicial ladder. Norm Coleman might if he had continued. The problem we have had in the past is we have readily agreed to move on. The heck with moving on, find out where the upper courts stand. Good luck Joe and keep pushing.

      Report Post »  
  • M 4 Colt
    Posted on December 11, 2010 at 2:32am

    The law the judge said “whats that‘ just because we have a law on the books doesn’t mean i have to follow it right, i mean i am a judge and i can do what ever i want.

    This just goes to show that we need to get judges like this OFF THE BENCH, the law about how the votes can be counted is VERY CLEAR but this judge has just decided to disregard that and make it up as he goes along, its time for people to take note and vote, recall or impeach them to get them off the bench.

    One last item we need to do away with life time appointments to the bench because it leaves the people no way to remove a bad judge that decides that he or she is not going to follow settled case law and are going to make their own law regardless of precedence.

    Report Post »  
  • reform
    Posted on December 11, 2010 at 2:06am

    Did anyone think it would have turned out different? Think back to the comic in Minnesota, wouldn’t it be nice to know how this judge votes. P.C has infected all of our lives. When you can’t trust the courts what is left?

    Report Post »  
  • IVillageIdiot
    Posted on December 11, 2010 at 2:01am

    Well, the concept of “law” is dead in America.

    We ought to just scrap the whole thing, save some paper and shelf space at the library, and go with…. oh…. I don’t know… how about…..

    A TV game show where a panel of judges spins an elaborately decorated wheel that is lit up by flashing LEDs and neon lights that form monetary values and random prizes or punishments to be awarded the defendant. Maybe even a doubling-block and a hot babe to introduce the next smuck that stands before the DAT-DA-DAH…

    “THE…. BAR….. OF…. JUSTICE….”

    Some snappy music… cameo appearances….. if we can’t bring cameras in to the Court due to the dignified nature and solemnity of the responsibilities carried out there…. why not take just the Court to the cameras….

    Doesn’t seem that much different that what this judge has done.

    Report Post » IVillageIdiot  
  • Darmok and Jalad at Tanagra
    Posted on December 11, 2010 at 1:50am

    I proudly voted for Liza Muraneli for New Alaska Gov elect represenative, and I got my bottle of Mad Dog to boot.

    Report Post » Darmok and Jalad at Tanagra  
    • Nightstalker
      Posted on December 11, 2010 at 10:25am

      Wow,
      that is an obscure “next gen” reference!
      Great episode though!
      I wonder how many people get that?

      Report Post » Nightstalker  
    • IntheKnowOG
      Posted on December 11, 2010 at 12:46pm

      I did. Liked the language based upon metaphor concept. Wouldn’t work in this world. Too many ignorant idiots who think basketball players are hero‘s and can’t recognize the words of the founding fathers.

      Report Post » IntheKnowOG  
  • Beckaj
    Posted on December 11, 2010 at 1:48am

    And yet if someone didn‘t fill in the oval by Miller’s name all the way, it wouldn’t count. I wonder if someone wrote in “Lisa” if they counted that? She will be more destructive to the republican party now than ever before.

    Report Post »  
    • TruthBtold 907
      Posted on December 11, 2010 at 3:15am

      @ BeckAJ – Votes with just “Lisa” were not counter for Lisa Murkowski. In a move by Joe Miller supporters, 160 of them, registered as “write in” candiates four days before the election. They were incited to do this by a local radio talkshow host. One of the canidates was a Lisa M. So no “Lisa” votes were counted for Murkowski.

      Report Post »  
    • rosie100
      Posted on December 11, 2010 at 4:22am

      Yep that Lisa vote got counted.

      Report Post » rosie100  
    • dawgPound
      Posted on December 11, 2010 at 9:26am

      No, votes for just “Lisa” were not counted. Do some research before making posts that show your ignorance.

      dawgPound  
  • BurntHills
    Posted on December 11, 2010 at 1:31am

    well of course, murkowski is as murky as it gets, think of all the judicial people in her pocket..and her late father’s pocket. no surprise there.

    that campaign video spoof of her screaming and crying like a spoiled brat sure was accurate, she thinks she OWNS that seat. vile woman, total RINO.

    Report Post » BurntHills  
    • IVillageIdiot
      Posted on December 11, 2010 at 2:06am

      I’m sure that the State Employees realized they could “expand” their roll if the choices were:

      1. A Dem tossed out to bait polar bears into the open.
      2. A Constitutionalist.
      3. A Fully ensconced RINO that will give them everything THEY want AND P in the GOPs soup at every chance.

      I don’t suppose the “Judge” was a Murklewitskie relative by any chance?

      Report Post » IVillageIdiot  
    • Cemoto78
      Posted on December 11, 2010 at 5:14am

      Sorry, Joe. Time to move on and better luck next time. Don’t be a sore loser like Murky. There’s always next time.

      Report Post » Cemoto78  
    • Polwatcher
      Posted on December 11, 2010 at 6:44am

      Hey, Joe, stop while you are ahead. Don’t try to make Murkowski look good.

      Report Post »  
    • guyperram
      Posted on December 11, 2010 at 6:49am

      She was just upset because it is a very bad time to get tossed out as one of the “eliete’s”. Complete power is almost their’s and not being part of the american nobility would really be a shame.

      Of course, in reality, the Nazi’s like the Marxists, usually purge the party. With Hitler; completed control was first gained, then he corrected problems within the ruling party. This started with “the night of the long knives”. Lenin, Mao and Stalin were all more direct. They began purging the party of the no longer useful idiots, and it continued for well over ten years.

      Poetic justice?

      Report Post »  
    • PatriotDaze
      Posted on December 11, 2010 at 8:20am

      Couldn‘t help yourself could ’ya GuyP. Hitler, Mao, Lenin, Stalin. Really?

      Report Post » PatriotDaze  
    • dawgPound
      Posted on December 11, 2010 at 9:24am

      The people of Alaska voted. They voted for Murkowski. What is the problem? SHE DIDN’T RUN AS A REPUBLICAN. SHE RAN AS AN INDEPENDENT ! The primary meant that Miller got the nod from republicans. It does not mean she can’t run in the open election. Alaskans voted and they did not want Joe Miller or his baggage.

      Report Post » dawgPound  
    • beekeeper
      Posted on December 11, 2010 at 10:15am

      As long as Joe Miller has, as his sincere goal, the clarification of the state election law, I think his fight is worthwhile. If he believes he can somehow oust Murkowski (sp) in her efforts to regain her Senate seat, his fight will be in vain.

      To rollover on principles because you won’t get the prize is wrong…

      Report Post » beekeeper  
    • IntheKnowOG
      Posted on December 11, 2010 at 11:00am

      @dawgPound
      I disagree. The Judge’s ruling will be overturned. The word ‘appears’, when used IN the context of the law in which it was written, is not synonomous with the definition ‘similar to’. It is modified by the adverb ‘on’. That is not open to interpretation. English (literary and vernacular) rules clearly apply here. No, we haven’t forgotten the absolute travesty of intelligence the Left brought us via the great “that depends on what your definition of is, is” incident. Simply because you think we are unintelligent peons, does not make it so. This is simple logic, which, either escapes the judge, or has been abandoned for an agenda. One is either ‘shat on’ or not. There is no room for interperetation. The name appears ON or it doesn’t. Her name is Murkowski, not Merkowsi, Mercoawsli, Merkanik, etc…. Remember, the pen is mightier than the sword.

      Report Post » IntheKnowOG  
    • DogTags
      Posted on December 12, 2010 at 3:11am

      Where is Samuel Adams when you need a good-natured mob to tar and feather imbecile government officials? “As it appears” of course doesn’t mean “as it appears.“ It means ”exactly what I intend it to mean.“ It means ”as we would want it to appear.” But rigid language doesn’t give judges the room to make policy decisions. No, judges can’t see statutes as commands from the legislature for the judges to follow. Judges have to be free to “help people.” William Carey had to be free to help poor stupid illiterate saps. William Carey was appointed by Sarah Palin. Hmmm. She appointed a judicial activist? Wonder what that says about the potential for Supreme Court nominees.

      415 Main Street, Room 400
      Ketchikan, AK 99901-6399

      Superior Court Judge William Carey
      907-225-3141

      Report Post »  
    • tower7femacamp
      Posted on December 12, 2010 at 10:15am

      it’s all about secret societies controlling everything
      Voting is a waste of time.

      Report Post » tower7femacamp  
  • fordfan
    Posted on December 11, 2010 at 10:17pm

    You are exactly right. We need more like Jim DeMint to stop the pork and Chris Christies to stop the unions. Her position must be inherited cuz she sure as heck didn’t earn it….at least not honestly.

    Report Post »  
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