Politics

Alaska‘s Miller Sues to Prevent ’Discretion’ When Counting Ballots

JUNEAU, Alaska (AP) — Election officials plan to begin poring over more than 92,500 write-in ballots in the Alaska Senate race, in spite of a federal lawsuit challenging the count.

Republican nominee Joe Miller sued Tuesday to prevent the state from using discretion in determining voter intent on write-in ballots. But Lt. Gov. Craig Campbell, who oversees Alaska elections, says the count will go forward Wednesday as planned.

Miller’s GOP rival, Sen. Lisa Murkowski, mounted a write-in campaign after losing the August primary.

Election law calls for write-in ballots to have the oval filled in and either the candidate’s last name or name as it appears on a declaration of candidacy written in. But election officials say they‘ll use discretion when it comes to misspellings or variations of Murkowski’s name.

Comments (73)

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  • rayoohoo@yahoo.com
    Posted on November 10, 2010 at 1:52pm

    Murky Cow for Senator…

    Report Post »  
  • fishstx777
    Posted on November 10, 2010 at 1:47pm

    you wouldnt had to worry if john mccain showed up a few times . joe miller would have been youre next congressmen . especially in a patriotic and veteran loving state of alaska.but i guess its sour grapes

    Report Post »  
    • bbquizzle
      Posted on November 10, 2010 at 1:58pm

      McCain can go to hell. I respect his military service to his country, but as a senator, he is only conservative when he has to fend off good people like J.D. Hayworth.
      I wouldn’t want that progressive anywhere near my state and if he had gone to Alaska, he would have not drawn a single vote for Miller because people who voted for Joe are likely aware of the threat progressives pose to our country. McCain would have endorsed Murkowski anyways, they’re two of a kind.

      Report Post » bbquizzle  
  • wilted6orchid
    Posted on November 10, 2010 at 1:33pm

    We here in AK are anxiously awaiting the results. Obviously Lisa Murkowski is a snotty, party-pooper progressive. I am just hoping that there are tons of different names on those write-ins. There are lots of homeless and poverty stricken people here in Anchorage, and it is likely that down there at the soup kitchens and shelters they told people that Murkowski would help keep the handouts coming, while Joe Miller would be for making some money saving cuts. Here’s hoping, but we are preparing for the worst news. Murkowski will probably win.

    Report Post »  
  • sbroccoli
    Posted on November 10, 2010 at 1:30pm

    Sounds like Al Franken part 2!

    Report Post » sbroccoli  
  • Ronko
    Posted on November 10, 2010 at 1:27pm

    Discretion my ass if the name is misspelled then the vote shouldn’t count period. Joe is getting screwed big time and I hope he wins so that he can stick it to the Repubs and Independents who stupidly voted for cry baby Murkowski.

    Report Post »  
  • fishstx777
    Posted on November 10, 2010 at 1:18pm

    where is michael steele and the rep party . how come maddow was down there bad mouthing him, and the rep party and fox stood by and watched.he s an iraq war veteran with badges of merit an honor and served as a lawyer than a judge not to mention he graduated from west point.he screwed up once in his life and they feed him to the wolves while rove and all stand by. why wasnt mccain mr war hero up there ralllying for another hero. obama show up 12 times in some states and clinton the same.instead we get a woman who didnt have the decency to congradulate here victor and honorably step aside.that is why i am a conservative libertarian and never ever will side with either party. I hear he wasnt electable bullcrap nobody is more electable or qualified than joe miller. hes led in every aspect of his life and its a shame a man like this is taken down by the good ole boys of the rep party.just re elective another progressive rep.

    Report Post »  
  • FreedomAdvocate
    Posted on November 10, 2010 at 1:12pm

    I would rather Miller win, but I would rather that people’s votes get counted even more than that, especially if the intent is clear. So if Murkowski gets enough clear write-ins, then she should win.

    However, something needs to be done to prevent people from both running in primaries and then running independently if they lose the primary (it should be one or the other) – it breaks the system and is frankly morally corrupt (for that alone I would rather Murkowski lost).

    Report Post »  
  • sawhite
    Posted on November 10, 2010 at 12:49pm

    So Smith could be considered a mispelling of Murkowski?

    Report Post »  
  • Freedom1984
    Posted on November 10, 2010 at 12:42pm

    She is like Pelosi. They both lost…….yet both refuse to admit it. The voice of the PEOPLE have SPOKEN….yet both of these clowns think they are “better than everyone else…and basically are telling the people that “they play by different rules”. HOW PATHETIC MUST YOU TRULY BE. And just think…what great examples you are teaching our children. If you don’t win by the rules, just find a loop hole and jump right in. HOW PITTIFUL AND SHAMEFUL.

    Report Post » Freedom1984  
  • jose wasabi
    Posted on November 10, 2010 at 12:39pm

    He absolutely should sue. ‘Discretion’? Can you say FRAUD?

    Report Post » jose wasabi  
    • JD Carp
      Posted on November 10, 2010 at 3:00pm

      Unfortunately election fraud has become the norm rather than the exception. “If the rules don’t fit the desired outcome, simply change the rules.” How else could Obama get elected? Bus in the feeble, aged, diminished capacity, invalids, senile and of course…illegal aliens!

      Report Post » JD Carp  
  • jose wasabi
    Posted on November 10, 2010 at 12:35pm

    She lost the primary, she should have listened to the voters and graciously bowed out.
    I personally would never vote for someone who lost the primary but wasn’t satisfied with what
    the voters said. That is petty – to put it nicely.

    Report Post » jose wasabi  
  • swalt
    Posted on November 10, 2010 at 12:32pm

    The Supreme Court’s Beck Decision Recognizes Individual Worker Rights:
    Since I can’t seem to get anyone to pay attention to something I feel is very important, I am going to start posting this on as many news blogs/comment areas that I can find. It concerns Workers Rights and a FEDERAL LAW that was enacted in 1989. It is called Becks Law (believe it or not) and it says that “any worker who objects to his union’s use of his dues money for purposes not directly related to collective bargaining is entitled to a refund of that portion of his dues. Beck rights are a triumph of individual rights over the political weight of union leaders.”
    In other words, workers in labor unions DO NOT HAVE TO PARTICIPATE IN THEIR UNION BOSSES POLITICAL ACTIONS. Look here for more information: http://www.mackinac.org/article.aspx?ID=1403
    If I can get enough people to pass this around, I truly believe it will make a huge dent in the labor unions ability fund anything political. Unions were meant to represent their members

    Report Post » swalt  
    • Trance
      Posted on November 10, 2010 at 12:50pm

      I doubt it will make much difference. I was in a union for 14 years. Our union dues were about $70/month. (I think it was double our hourly rate) People who were “dues objecters” only paid for collective bargaining and grievances, which was about $7.50/month. I only knew one guy who was an objector, and everyone I hung around with were pretty conservative (a minority of the workers)

      Of course, any company where the employees get away with everything from sleeping, stealing, or not doing their job, is going to cause some tensions between the company and the workers. This made the company the bad guy, even if you didn’t believe in what the union was doing. It was well known that if you were a “dues objector”, you would not get any support from the union for any issues that may arise. This alone kept the majority of the workers from becoming dues objectors (myself included) because it didn’t matter how good an employee you were, the company was going to make an example of you if it could.

      Report Post » Trance  
  • 2smart
    Posted on November 10, 2010 at 12:29pm

    Of course she will steal this election, with the help of a liberal Lt. Govenor. If election law says that the oval will be filled in and the name will be as written on the declaration. That’s it, spelled out in black & white. It says nothing about discretion which is another way of saying “Close Enough”!! If your employer writes your paycheck close enough is that OK? Or do you want the exact monies owed, paid?

    Report Post » 2smart  
  • beammeup
    Posted on November 10, 2010 at 12:28pm

    How is it that Miller can be down by 13,000 votes if the spoiled rich elitist Lisa is only on the write in ballot and they haven’t even counted those yet?

    Report Post »  
    • BlazingInSC
      Posted on November 10, 2010 at 12:45pm

      Because he’s down by 13K to the “Write-Ins” without regard to who those write-ins are. For the purposes of where he stands, it is him against all write-ins pre-count.

      Report Post »  
    • CYCLONE
      Posted on November 10, 2010 at 3:19pm

      they have’nt counted the absentee ballots yet either…

      Report Post »  
  • RodT82721
    Posted on November 10, 2010 at 12:16pm

    Why do we have laws if when it comes time to enforce the law, we have to ignore it, because some think it’s unfair? If the law was not a fair law, then it never should have been signed into law.

    It’s really annoying to see these judges changing the law when they are not happy with the results. A judge already gave in and allowed a cheat sheet for Lisa. We have legislatures to write laws, not judges.

    Report Post »  
  • samheaken
    Posted on November 10, 2010 at 12:11pm

    Can anyone say “hanging chad”?

    Report Post »  
  • Brad Wesselmann
    Posted on November 10, 2010 at 12:09pm

    It’s time we start eliminating our screen names and go by our given names. If we want our words to mean something we must be willing to stand by them. This simple act will expose the trolls and immediately make them irrelevant. As long as they can hide in our ranks, they will have power to manipulate…without disguise, they will disappear into the shadows where they belong. At worst, they will form up and make an easier target to discredit immediately.

    I used to go by screen name IKW, and those days have come and gone.

    Report Post » Brad Wesselmann  
    • TheGreyPiper
      Posted on November 10, 2010 at 12:40pm

      Mmm, nice thought, but a) we know who the trolls are anyway and 2) the trolls go from “PartyHartyPatriot” to “George Spelvin.” Nothing accomplished.

      Report Post » TheGreyPiper  
    • Brad Wesselmann
      Posted on November 10, 2010 at 3:14pm

      George, at some point we must stand by our name, our words and our honor…without walking the walk, honor will never be restored. You say “nothing accomplished” and I say I have already accomplished what I intended…to stand while others throw stones from a crowd of anonymous faces.

      God bless and thank you for the dialog.

      Report Post » Brad Wesselmann  
    • PatriotDaze
      Posted on November 10, 2010 at 10:37pm

      That is, if you really ARE Brad Wesselmann.
      Yours Truly,
      Merkin Muffley

      Report Post » PatriotDaze  
    • Brad Wesselmann
      Posted on November 11, 2010 at 9:15am

      Well Merkin, you must have suffered much with that name…consider it good training for handling life’s challenges which are significantly much more difficult than handling ignorance. ;-)

      Report Post » Brad Wesselmann  
  • Gonzo
    Posted on November 10, 2010 at 12:03pm

    Either way, it’s a Republican vote in the Senate. Although I would prefer Miller, she‘ll be putting her best conservative foot forward now that she knows sh’e not a shoe in for the job.

    Report Post » Gonzo  
    • FreeRadical
      Posted on November 10, 2010 at 12:30pm

      Gonzo, forgive me if I missed your sarcasm tags. But, the reality is that Leesa has said exactly opposite in recent weeks. She names dems as her favorite senators, is less than forthright about her party allegiance, has a number of people pissed off in the senate and if she wins, it will be because she got moderates and lefties to vote for her. Yes, she technically has an R by her name and yes, her record only sucks, not really sucks, but the chick is a full blown entitlement class queen and I’m betting that saying she will be a good conservative is a bad guess. I don’t think she learned she is not a shoo in, I think exactly opposite, I think she feels more empowered to be more moderate. The way I look at it is this. Conservatives are to go to DC to destroy lefties w/ superiour ideas with unflinching courage based on their faith in American Ideals. Leesa never had that part down. Nothing of late will change that in our favor. … My two cents, mileage varies.

      Report Post »  
  • OBAMAWORSHIOER
    Posted on November 10, 2010 at 11:58am

    Positive side to this? Hopefully, America will wake up to the level of vote fraud and rejecting rule by law has occured here in America.

    Report Post »  
  • bglaidlaw
    Posted on November 10, 2010 at 11:52am

    It seems to me that ‘voter intent’ is listening to the people. Not counting a ballot because someone misspelled a name, especially where there is no ambiguity, is tantamount to fraud in my books.

    Report Post »  
    • TheGreyPiper
      Posted on November 10, 2010 at 11:55am

      PS – she’s also rated A+ and endorsed by the NRA.

      Report Post » TheGreyPiper  
    • Awakened One
      Posted on November 10, 2010 at 12:12pm

      This is a nation of laws. Follow the law as enacted by elected legislators, not some single judge’s interpretation who may well have a bias.

      Report Post »  
  • BurntHills
    Posted on November 10, 2010 at 11:51am

    let’s face it, the creep RINO loser Murky is probably going to steal the election, she has the WH backers. we will get her next time if she steals it this time. AK should be ashamed they ever did vote for her. AK would be ruined with her help.

    Report Post » BurntHills  
    • untameable-kate
      Posted on November 10, 2010 at 12:36pm

      Alaska, home of Sarah Palin, you would have thought the tea party candidate would be a shoe-in. Shame on them if they vote in a RINO instead of a conservative.

      Report Post » Untameable-kate  
  • TheGreyPiper
    Posted on November 10, 2010 at 11:50am

    Joe is sounding like a sore loser….. Face it, you lost to a more experienced, well known incumbent. Really, you expect voters in Alaska -in NOVEMBER!- to have hands out of their gloves long enough to shiver through “Murkowski”? C’mon, Joe, man up and don’t act like a Democrap.

    TheGreyPiper  
    • DimmuBorgir
      Posted on November 10, 2010 at 11:55am

      he hasn’t lost yet…that’s kinda important to understanding this story

      Report Post » DimmuBorgir  
    • Gonzo
      Posted on November 10, 2010 at 12:00pm

      He’s down by 13,000 votes though.

      Report Post » Gonzo  
    • apilee
      Posted on November 10, 2010 at 12:02pm

      Don’t count him out yet. Lisa is counting on all the write-ins having her name. You may be surprised at the names written in as a protest against ALL candidates- Mickey Mouse, Ronald McDonald, Lassie, etc.

      Report Post »  
    • Supreme Galooti
      Posted on November 10, 2010 at 12:13pm

      You sound like a smart aleck. Nonetheless, notwithstanding your idiotic comment about “shivering hands” or whatever, I tend to agree with you. I don’t have a problem with counters exercising discretion regarding spelling as long as they are HONEST. There’s the rub.

      Report Post » Supreme Galooty  
    • JOEL 2:12-13
      Posted on November 10, 2010 at 12:13pm

      I would like to see Joe Miller win, but his disapoints me about him. Obviously Murcowski is not a name that is used everyday, and as long as it is a close spelling, I have no problem with them using alternate spellings. I know if I were voting for someone and misspelled their name by one letter, I would want it counted. And I am positive that most people here would feel like it was “stolen” from you if the situation were reversed. You (and I) would be screaming that it is obvious who the vote was intended for if it was a Tea Party candidate in the same situation.

      Report Post »  
    • FlameCCT
      Posted on November 10, 2010 at 4:12pm

      @Gonzo Actually Miller is up by over 70,000 votes. You are assuming that all the write-ins are for SoreLoser and we all know what happens when one assumes.

      Report Post » FlameCCT  
  • vg0va3
    Posted on November 10, 2010 at 11:49am

    The write-in ballots haven’t been examined yet. But, the media is portraying that all write-in ballots are Murcowski errr Murjowoskis ahh Majawihinskis (you know who I mean). They forget that one candidate we all love and that always takes the write-in vote…Mickey Mouse. 8:-)

    Report Post »  
    • Caitlinmd
      Posted on November 10, 2010 at 12:00pm

      But, uh oh! Murkowski and Mickey Mouse share a lot of letters… This could get dicey. How do you think that will play out for the counters?

      Report Post »  
  • Dstarr55
    Posted on November 10, 2010 at 11:48am

    Murkowski lost the primary but regards holding on to her power more important then the will of the people – I hope she does not win – not because Miller is better but because she is a spoiled elite republican that believes she knows what is best.

    Report Post »  
    • TheGreyPiper
      Posted on November 10, 2010 at 11:53am

      Er, the “will of the people” -not just the will of those who voted in the Republican primary- is exactly what’s at issue. You really think tossing a ballot with “Murkowsky” or “Murkoski” written on it in shivering, frostbitten letters is establishing “the will of the people”?

      Report Post » TheGreyPiper  
    • Dstarr55
      Posted on November 10, 2010 at 12:00pm

      She lost the republican primary – as a republican she should have abided their decision or the will of the people who voted in the primary. Instead she had a tantrum, decided to forgo the rules and run against her party smearing a fellow republican.

      Report Post »  
    • Lesterp
      Posted on November 10, 2010 at 12:04pm

      They gave out the correct spelling at the voting stations so if they are not spelled correctly they should not count. Rules are rules

      Report Post » Lesterp  
    • Polwatcher
      Posted on November 10, 2010 at 4:00pm

      Once you deviate from exactly correct spelling, there is no way to tell the exact intent. There are too many people involved. How would it be if candidates were “probably” elected. Then all we could say is that she is probably the Senator from Alaska. Anything other than exact spelling is what we might find in a banana republic but I must admit we are heading in that direction real fast.

      Report Post »  
    • ozz
      Posted on November 10, 2010 at 7:47pm

      @TheGreyPiper
      A judge’s job is not to determine the will of the people. It is to determine the law. The law says it must be spelled correctly. America is a nation of laws not men. If you do not grasp this concept you are a good example of what the public school system produces these days. God help us.

      Report Post » ozz  
  • randy
    Posted on November 10, 2010 at 11:48am

    Sounds like another case of “Legislating from the Bench”

    Report Post » randy  
    • Polwatcher
      Posted on November 10, 2010 at 11:54am

      What kind of discretion? Would MURPHY do?

      Report Post »  
    • Awakened One
      Posted on November 10, 2010 at 12:07pm

      So they’re not going to follow the law, they’re going to follow individual whim. The fix is in.

      Report Post »  
    • Tennessee Veteran
      Posted on November 10, 2010 at 12:15pm

      I read somewhere that if Miller’s name appears as a write-in, that ballot will be tossed since his name actually appears on the ballot. There are approximately 160 candidates on the write in list and that probably doesn’t include Mickey Mouse, Donald Duck, Goofey, etc.

      Report Post » Tennessee Veteran  
    • CultureWarriors
      Posted on November 10, 2010 at 12:22pm

      Laws are for everyone else. The establishment doesn’t have to abide by them. Hello, this very thing was a big part of what the shellacking was all about. Guess what, there is recent precedence for following the exact letter of the election law as it relates to write ins in Alaska. It was ruled the name had to be spelled exactly. I guess it just depends on who you are in Alaska whether you have to follow the law or not. This does not look good Alaska. So now you can divine the intent of voters? That’s scary. Follow the law.

      http://www.youtube.com/watch?v=IJ3OxZhXKQ0

      Report Post » CultureWarriors  
    • snowleopard3200 {mix art}
      Posted on November 10, 2010 at 2:21pm

      Here we go again, with the activists in politics or the courts deciding ahead of time who has won or lost by force if needed, legal force for now.

      Report Post » Snowleopard {gallery of cat folks}  
    • anOpinion
      Posted on November 10, 2010 at 4:39pm

      I think using “discretion” is ridiculous, the law is the law.

      If they must allow misspelled names then they should supply an official list containing all and only accepted spellings of her name, and each vote counter must use that list exactly. The list should also be made public.

      Report Post » anOpinion  
    • BenThereToo
      Posted on November 12, 2010 at 3:34pm

      Sounds like another stolen election to me. She can sit next to Al Franken at the next White House party.

      Report Post » BenThereToo  
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