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: Legal Blog WatchJoe Miller Doesn't Like the Way Alaska Wants to Count Write-In Ballots
By Eric Lipman
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Here's a shocker: According to Rick Hasen's Election Law blog, Joe Miller, Republican candidate for a Senate seat in Alaska, filed suit yesterday against the state's Division of Elections, complaining about the proposed process for counting write-in votes. The counting will begin today, unless the federal district court says otherwise. Miller doesn't like the state's avowed intention to count votes where the write-in candidate's name is misspelled if "voter intent" can be discerned. But Murkowski issss kinda hard to spell, and all indications are that, if the officials give voters a little leeway with the spelling, Murkowski will win the race, relegating Miller to another six years of having tea with Sarah Palin. Hasen takes Miller (or, more accurately, his lawyers) to task for failing to include a discrete due process claim in the complaint, based on the fact that the rules for counting were issued after the votes were cast. Miller did seek a preliminary injunction, so, theoretically, we should have some word from the court on a pretty expedited timeline. Stay tuned. Image: AP (via politico.com)Full post as published by Legal Blog Watch on November 10, 2010 (boomark / email).
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