Alaska Supreme Court Rules in Miller Case

Miller reviewing what impact the state supreme court’s decision may have on his federal suit.

Fairbanks, Alaska. December 22, 2010 — The Alaska Supreme Court issued a ruling earlier today denying both Joe Miller’s appeal and Lisa Murkowski’s cross-appeal, affirming various decisions of the Division of Elections that the candidates had challenged.

“We disagree with the court’s intrepretation of the election code, but respect both the rule of law and the court’s place in the judicial system,” Miller said. “We are studying the opinion and carefully considering our options.”

He added, “I am deeply gratified by the unwavering support that so many people throughout the State have offered throughout this entire process.”

The U.S. District Court for the District of Alaska also issued an order, inviting Miller to submit a brief regarding his federal claims by this Monday, December 27, and directed the State to file a response by the following Wednesday.

“We are reviewing the state supreme court’s ruling to determine the impact it will have on our federal claims–which the federal court already noted were ‘substantial’–and identify the best way to proceed,” noted Michael T. Morley, one of Miller’s attorneys.

Miller noted, “This litigation always has been about preventing the Division of Elections from being able to re-write the law as it chooses, and seizing for itself the power to be able to affect the outcome of elections based on what write-in votes it chooses to count.”