Federal Case to Move Forward
Fairbanks, Alaska. December 26, 2010 — Joe Miller, Republican nominee for U.S. Senate, will not oppose state certification of the U.S. Senate race in Alaska. For the sake of the integrity of the election, Miller will go forward with the federal suit, which was filed last month, but required a final determination by the Alaska state court to proceed further. He will be filing a motion in federal court to stay the post certification election contest timeline until after the federal case has concluded.
“After careful consideration and seeking the counsel of people whose opinion I respect and trust, I have decided that the federal case must go forward. The integrity of the election is vital and ultimately the rule of law must be our standard. Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month.” Miller added, “This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue.”
In its court filings, the Miller legal team pointed out several issues that require further review including: whether the U.S. Constitution’s Election Clause was violated by ignoring the legislature’s mandatory provisions for write-in candidates; whether the U.S. Constitution’s Equal Protection Clause was violated by the different vote counting standards that were applied, dependent on the candidate in question; and other issues such as at least hundreds of felons voting and at least hundreds of ballots being filled out by a handful of people.
Miller stated, “We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future. Election integrity is vital.”