Intermarkets' Privacy Policy
Support


Donate to Ace of Spades HQ!


Contact
Ace:
aceofspadeshq at gee mail.com
Buck:
buck.throckmorton at protonmail.com
CBD:
cbd at cutjibnewsletter.com
joe mannix:
mannix2024 at proton.me
MisHum:
petmorons at gee mail.com
J.J. Sefton:
sefton at cutjibnewsletter.com


Recent Entries
Absent Friends
Bandersnatch 2024
GnuBreed 2024
Captain Hate 2023
moon_over_vermont 2023
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info:
maildrop62 at proton dot me
Cutting The Cord And Email Security
Moron Meet-Ups






















« Overnight Open Thread | Main | Saturday Morning Stupid: What's Charlie Crist Doing? »
December 11, 2010

Alaska Senate Update: Judge Rules Against Miller

To recap: Joe Miller got an injunction from a federal court preventing the state Division of Elections from certifying Murkowski the winner of the election, but the federal court held that he would have to go to state court to resolve the questions about state law.

Yesterday evening, the state court judge ruled that Miller's spelling and fraud challenges are without merit.

Judge William Carey, in a ruling issued Friday, found that Mr. Miller had failed to demonstrate his claims that the results of the midterm elections in November were tainted by misconduct or fraud on the part of election officials. The judge also concluded that the outcome would have been the same even if the Republican candidate's charges had been true.

The state judge's decision is here (PDF). We've been over the exact-spelling rule challenge a couple times here at the HQ, so I'm not going to dig into that too deep. The judge's reasoning is not that great, especially when he's purporting to interpret the text of the statute, but he ultimately did what I expected which was apply the Alaska Supreme Court's "voter intent" rule.

The thing that interested me most about this lawsuit were Miller's late-pleaded fraud claims. Here's what the judge said about that:

Nowhere does Miller provide facts showing a genuine issue of fraud or election official misfeasance. Instead, the majority of the problematic statements included in the affidavits are inadmissible hearsay, speculation, and occasional complaints of sarcasm expressed by DOE workers. Nothing rises to the level showing genuine material facts of fraud.

The judge seemed troubled that Miller apparently sat on these claims from November 17 through December 2 without trying to pursue them. In an ordinary lawsuit, two weeks is an extraordinarily short time to expect a party to take firm action. Miller had a couple things cutting against him: he filed the lawsuits, so the court will expect him to present allegations of genuine claims, and, as we've seen over and over election lawsuits are different.

The Division of Elections moved immediately to have the federal injunction dropped. The federal judge gave Miller until Monday to figure out what he wants to do. He could appeal in the Alaska courts and, ultimately, if he doesn't like what he gets there, take his lawsuit back to the federal courts on his constitutional claims.


digg this
posted by Gabriel Malor at 10:47 AM

| Access Comments




Recent Comments
Martini Farmer: "It's possible to take a commercial drone... like t ..."

Gref: "87 So, we need to try launching certain women into ..."

Hour of the Wolf: "So, we need to try launching certain women into th ..."

Boron Cobbie - Women can't be incels, it's impossible: " My wife got pulled over for speeding years ago wh ..."

Notorious BFD: "[i]By my calculation, almost 57,000 useless govern ..."

JackStraw: ">>If they were spy drones they would not be lit up ..."

[/i][/b]andycanuck (hovnC)[/s][/u]: "Scott Adams @ScottAdamsSays 7h The drones probabl ..."

weft cut-loop[/i][/b] [/s]: "[i]So, we need to try launching certain women into ..."

scampydog: "Got an interview in the morning. Cyber Security jo ..."

Archer : "My wife got pulled over for speeding years ago whi ..."

San Franpsycho: "I saw Clapton at the Hollywood Bowl in October. He ..."

Hour of the Wolf: "I have a crazy idea on how to deal with the huge d ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64