Federal Supervision of State Election

Anchorage, Alaska. November 9, 2010 — The Joe Miller for US Senate Campaign has reviewed the Alaska Federation of Natives (“AFN”) request for federal observers during the vote count. Joe Miller agrees that the Department of Justice should have observers to prevent an unconstitutional usurpation of the Elections Clause and the public right to due process. “We have requested from the outset a fair and lawful electoral process,” said Joe Miller. “If the State needs to be supervised by the federal government because of violations of Federal Election Law, as AFN suggests, then it is unfortunate but apparently necessary,” said Miller.

The Miller Campaign disagrees, however, with the implicit and explicit assumptions fostered by the AFN that rural Alaskans, and Alaska Natives in particular, don’t know how to spell. Said Miller, “I think rural Alaskans deserve a lot more credit than the AFN is willing to give.”

In addition, Harold Rudolph, an Alaskan Native and military veteran stated “I find the AFN presumption about Alaska Natives to be condescending, paternalistic and just plain offensive. This group does not speak for me and thousands of Alaska Natives like me.” Fellow Native Phil Kugzruk added, “All Joe wants to do is make sure the ballots are counted according to the laws on the books. The AFN board subverted due process among the Native Alaska population a few weeks ago when the other two candidates, Miller and McAdams, were not given equal time at their annual convention. I believe that AFN is playing politics once again, as it did during the campaign, and acting like it speaks for all of Alaska’s natives. To imply that ‘their’ constituency does not know how to spell, and given that thousands of Murkowski wristbands detailing AFN’s chosen candidate were made available, all this amounts to a complete disrespect for me and my fellow Alaskans. AFN will do whatever it takes to get ‘their’ candidate elected!”

Miller Questions Use of Taxpayers’ Dollars to Influence U.S. Senate Race

Century Park North Housing Development, Eielson Air Force Base Federal Government Contractor Linked to Anti-Miller Electioneering; SuperPac ‘Alaskans Standing Together’ Pours Over a Million Taxpayer Dollars into Race Against Miller

Anchorage, Alaska. November 8, 2010 — Joe Miller appeared on “Huckabee” (Fox News Channel) over the weekend, and addressed his concerns about electioneering that occurred in the Alaska U.S. Senate race.

The show featured a surprising video that was shot the day before last week’s election. The video was taken at a federal construction site (Century Park North Housing Development, Eielson Air Force Base) where a supervisor was supposed to give a “safety speech” but it quickly turned into electioneering on behalf of the write-in candidate.

Such electioneering likely violates federal law. The employees were getting paid with taxpayer money to listen and be instructed how to vote. The location was federal property, also making this illegal. See 11 CFR Sec. 115.2. In short, the taxpayers were paying for a political rally on federal property, since the rally attendees were all on the clock.

“This raises still more concerns about the corrupting influence of federal contracting in Alaska and the role federal tax money illegally played in influencing this election,” said Joe Miller.

The SuperPac, “Alaskans Standing Together”(AST), funded almost entirely by privileged no-bid federal contracting corporations, poured $1.2 million to influence voters against Miller. An FEC complaint is pending regarding these questionable expenditures. (See Miller Campaign Press Release “Nine Benefactors of ‘Alaskans Standing Together in Violation of Federal Election Laws”, Oct. 20, 2010)

As noted by National Review, there was an obvious quid pro quo between the corporations, whose very profitability depends on federal handouts, and efforts to elect Murkowski who promised more federal largesse. (National Review, “Murkowski’s Quid Pro Quo”, Oct.18, 2010).

Joe Miller also said “Alaskans need to know the pervasive and illegitimate sway that federal dollars can have at the local, state and national levels.”
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Miller Campaign Wants a Fair and Accurate Vote Count

The Miller Campaign Expects the Division of Elections to Adhere to Alaska Statutory Law

Anchorage, Alaska. November 7, 2010 — Joe Miller, Republican candidate for U.S. Senate, wants to ensure the law, as it is written, will be the standard used during the vote count and not a new interpretation. In a letter to Gail Fenumiai, Director of the Alaska Division of Elections, Thomas Van Flein, general counsel to the Miller campaign, outlined a series of concerns about the ballot count and its proposed location in Juneau.

The campaign wants the state to follow statutory law during the review process. Alaska Statute 15.15.360 (11) requires that “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.” This statute does not allow for the election board to weigh “voter intent” or use any other criteria.

Prior to the general election, Ms. Fenumiai had also indicated that write in votes would be counted on Nov 18, fifteen days after the general election. However, the day after the election, a decision was made to suddenly start counting ballots on Nov 10, ten days prior to the original date. Given the geographical and financial challenges of getting observer teams assembled in Juneau, the earlier date makes it extremely difficult to honor the process, set out by law. The Miller campaign is concerned with ensuring a fair and accurate counting of the ballots. Anywhere from forty to sixty observers must be trained, and arrangements made to move team members to Juneau.

The Miller campaign is pleased that the Division of Elections has reversed an earlier decision by Lieutenant Governor Craig Campbell and his pronouncement that the state would not to count write-in votes for Joe Miller. State law clearly indicates that a properly filled in write-in ballot is valid even if the write-in name is on the ballot. Randy DeSoto, spokesman for the Miller campaign, said “Our only goal is a fair and accurate counting of the ballots. Alaskans deserve to have a process they can be confident in without room for subjective interpretation. Much of Lisa Murkowski’s campaign–including ads, signs, and handout materials–was aimed at making sure people fulfilled the legal requirement so their vote would count.”

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Division of Elections Fails to Notify Miller Campaign of Absentee Ballot Validation

Anchorage, Alaska. November 6, 2010 — The Joe Miller for U.S. Senate Campaign is concerned that the Absentee Ballot validation process began yesterday at 10 a.m without notification to the campaign. The Miller campaign was told of the news from a Republican Party member approximately 11 a.m. yesterday who was informed of the decision that morning. In an e-mail to the Miller campaign, the Director of the Division of Elections, Gail Fenumiai, stated, “It is not the practice of the division to contact candidates or parties to notify them of the review dates,” even though the DOE’s “Election Observers’ Handbook” [version B14 (Rev 11/07), page 8] provides that the Division must “notify” the campaign “24 hours in advance the time of ballot review….”

In response to this news, Joe Miller said, “Our goal is to uphold the integrity of the voting process. Every vote that is cast correctly should be counted. All Alaskans deserve a free, open and fair election. Unfortunately, the State Division of Elections has decided to call that process into question with the constant maneuvering of dates and procedures.” Since the election Tuesday, the Miller campaign has vowed to oversee the process to its conclusion, to ensure that the voters of Alaska have their rights protected.

Miller went on to say, “The State of Alaska has a statutorily defined election process, anything or anyone that deviates from that process is unsettling. It is fundamental that the public be informed of the ballot review schedule in advance. Our democratic voting process has at its foundation the Constitution and the statutes of this state, and any manipulation of this process for the purposes of expediency or convenience compromises those principles.

Spokesman Randy DeSoto added that “we don’t know how many ballots were reviewed without fair scrutiny.”

The absentee validation is occurring across the state in various locations. It is unclear why the Miller campaign was not notified about the decision to begin validation Friday.

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Joe Miller Vows to Fight for Voters of Alaska

Murkowski “Lawyers Up” With High Priced Election Lawyers

Anchorage, Alaska. November 4, 2010 — Joe Miller is still cautiously optimistic about his chances for victory in the Alaska US Senate race. Meanwhile, Lisa Murkowski speaks as if she has already won the Alaska Senate race, but her declarations are premature. Murkowski proved her concern about the ultimate outcome of the election by her actions–she has parachuted in a phalanx of lawyers, including high profile election law attorney, Benjamin Ginsberg, as part of her legal team. Ginsberg played a key role in the “hanging chads” Florida recount of the 2000 election.

“While Senator Murkowski speaks of winning an historic write-in candidacy, she understands (as Joe Miller does), that this race is not over,” said Miller campaign spokesman Randy DeSoto. He continued, “The difference between the “write-in votes” and Joe Miller votes is about 13,000; however there are approximately 31,200 absentee ballots that have gone out and over 26,000 have been returned to date, which are still to be counted. Absentees broke strongly for Joe during the primary election, particularly within the military community. We also still need to know how many of the write-in votes were properly cast for Lisa Murkowski.”

If past trends hold, a significant percentage of those 13,000 write-in votes will likely be disqualified and many others will be non-Murkowski votes. During the 1998 gubernatorial race, thousands of the write-in votes for Robin Taylor were disqualified. Miller is also assembling a legal team to oversee the ballot counting in an effort to maintain the integrity of the election process. The count will apparently occur in Juneau.

“We have two goals. To make sure the election is fair and that every valid vote is counted,” said DeSoto.

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Statement from Joe Miller

The campaign remains optimistic that Joe Miller will be the next U.S. Senator from the state of Alaska.

Previous write-in campaigns in Alaska have demonstrated that as much as 7.8% of returned ballots have not met the standard to be counted as a valid vote.

As with any write-in campaign, the burden of execution rests with the candidate whose name is not on the ballot.  Candidates who mount a write-in campaign opt for an uphill battle. At this point, without a single write-in ballot counted, Lisa Murkowski has no claim on a victory.

To complicate the matter, the Division of Elections has yet to adequately explain how a ballot will be marked in favor of a candidate. The current standards are extraordinarily ambiguous.

We trust that officials will conduct the hand count with propriety and consistency.

In short, this campaign is not over!

For more information and updates from the campaign, continue to watch this website.

Concerns Raised by Murkowski Intimidation

Murkowski Wrongly Tries to Force Miller Ads from Airwaves on Election Eve

Anchorage, Alaska. November 2, 2010 — The Joe Miller campaign was contacted yesterday by local media outlets that had in turn been contacted by Murkowski campaign officials. The Murkowski campaign demanded that Miller’s campaign ads be “taken down” and not aired in the key 24 hours before voting. In order to defend Mr. Miller’s right to commercial airtime, the Miller campaign general counsel had to step in. In a letter to Clear Channel Communications, one of the media companies contacted by Murkowski, Thomas Van Flein stated that “I am following up on the Bradley/Reid demand, made on behalf of Lisa Murkowski, that you pull all Joe Miller advertising, allegedly because there is no sponsorship statement. As you know, the Miller campaign ads are in fact compliant and contain the sponsorship statement required under Federal Law (BCRA), namely; a statement from the candidate that he approves the message.” Mr. Van Flein further noted that “any action ‘pulling’ Miller ads would violate the reasonable access requirements” and that as “a legally qualified federal candidate, censorship of advertising is expressly prohibited.” A copy of the letter is attached.

Miller spokesman Randy DeSoto stated that “Joe Miller will not be intimidated by Murkowski’s efforts to stop his ability to communicate to the people of Alaska through the airwaves. It’s part of a relentless effort by numerous media parties and the Murkowski campaign to silence and distort our message. People throughout the state are responding to his message and that will be reflected at the polls today.”

In light of this latest effort (following Murkowski’s similar and successful effort to get Dan Fagan off the air), Joe Miller said, “These Murkowski accusations are false. They are being made to intimidate local broadcasters to pull my advertising on the eve of the election. To our knowledge, no ads have been pulled, but the effort to do so is unfair, unwise and un-American.”

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Lisa Murkowski: Switch to Democrat?

Murkowski will not commit to caucusing with the Republicans if elected

Anchorage, Alaska. November 1, 2010 — Senator Lisa Murkowski refuses to state for certain if she will caucus with the Republican Party if she wins re-election. Murkowski who likes to tout her willingness to “reach across the aisle” now seems willing to cross over entirely.

Yesterday, Fox News’ Greta Van Susteran asked Lisa Murkowski, “Will you caucus with the Republicans?” to which Murkowski responded, “At this point in time, absolutely…yes, ah, I believe that I’ll be with the Republicans as I was before.” Van Susteran continued: “You say, you believe, but I never thought there was any doubt.” Murkowski went on to state that she would go back with a “certain independence that comes from not being your party’s nominee.”

During a CNN interview yesterday, Senator Murkowski was also very elusive. Murkowski stated that her break from the GOP, her loss in the primary, has been “really very liberating.” The CNN story went on to say: “She skirted the issue when asked what party she would caucus with in the new Congress and said she would be returning to represent ‘Alaskan’s interest,’ instead of the Republican Party’s.”

Joe Miller, the Republican Nominee stated:

“It’s no secret to Alaskans that Senator Murkowski has been part of the out-of-control spending, big government problem in Washington, D.C. that the Democrat Party represents. Murkowski’s record speaks for itself as she has voted over 300 times with the Democrats since taking office and even joined with Senator Arlen Spector to support a job-killing cap and trade bill. Sadly, Alaskans know exactly what Murkowski’s new ‘independence’ would mean given her already left leaning record.”

Recently at the Anchorage Chamber Forum Debate when asked who she admires most in the Senate, Lisa Murkowski named two Democrats: Sen. Tom Carper and Sen. Jeff Bingaman, both of whom voted for the TARP bailouts, last year’s $787 billion stimulus bill, and ObamaCare earlier this year.

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Latest Poll Shows Miller Takes the Lead

Anchorage, Alaska. October 31, 2010 — In a poll just released by Public Policy Polling, “37% of voters” say they will vote for Joe Miller for U.S. Senate, and “30% plan to vote for Scott McAdams and another 30% plan to write in Lisa Murkowski.”

http://publicpolicypolling.blogspot.com/2010/10/miller-leads-in-alaska.html

Miller, the Republican nominee, said, “The only poll that matters is coming on Tuesday. This current poll reflects what we have been seeing on our own, however. There is tremendous enthusiasm and support wherever we go.”

Campaign manager Robert Campbell also noted that “although we did not commission this poll, it comes from one of the more reputable polling companies.” Campbell added that “People across the state have reacted favorably to Joe. The townhall meeting in Dillingham, the rally in Anchorage, everything indicates that Joe’s message is getting through the noise and resonating with the voters.”

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Repeal ObamaCare PAC Endorses Joe Miller

“There’s simply too much at stake in this election, and Lisa Murkowski’s record shows that she cannot be trusted…Lisa Murkowski is not the solution to our problems. She is the problem,” says conservative PAC.

Anchorage, Alaska. October 31, 2010 — The Repeal ObamaCare PAC, a grassroots PAC formed just days after the passage of ObamaCare, has announced its endorsement of Joe Miller, the Republican nominee for U.S. Senate in Alaska.

“Joe Miller will be the principled voice for fiscal sanity and personal freedom that Alaska needs,” said Evan Kates, ROCPAC’s Political Director. “Lisa Murkowski is running from her record, but she cannot hide the fact that she uses tax dollars as Washington’s piggy bank. She’s voted for one bailout after another, leaving taxpayers footing the bill; Murkowski’s clueless about [how] we’re going to create jobs; and she seems to believe that the ObamaCare monstrosity is just a few tweaks away from perfection.”

“I am very pleased to have ROCPAC’s endorsement,” said Miller. “ROCPAC has been on a mission since ObamaCare was passed to fight for its repeal. ROCPAC’s been a critical voice for American taxpayers in the effort to see that ObamaCare is repealed and defunded.”

“Lisa Murkowski’s been a key vote in ramming through the agenda of President Obama, Harry Reid, and Nancy Pelosi,“ said Kates. “To borrow from President Reagan: Lisa Murkowski is not a solution to our problems. She is the problem.”

Click here to see a video of Murkowski’s inconsistent statements concerning government-run healthcare.

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