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December 22, 2010
Alaska Senate Update: AK Supreme Court Rules Against MillerThe last time we checked on the Alaska Senate race, Joe Miller had just had his state law claims tossed out by a state judge. He appealed that directly to the Alaska Supreme Court. Minutes ago, that court affirmed the decision that the Alaska Division of Elections properly counted the write-in votes by adhering to the intent of the voter. The decision is available here (PDF). Miller still has a case pending in the federal courts, but that was only to maintain the federal injunction on certifying the results. That judge already indicated he would defer to the state court's interpretation of state laws. So unless Miller raises some constitutional claims -- that would be U.S. constitutional claims -- he's finished. Will be back with more after I've read the decision in full. Later: Okay, the part where I'm insufferably smug is tucked below the fold. Remember that Patterico and I disagreed about the likely outcome. He had a spot-on statutory analysis, but I suggested constitutional concerns about the right to vote, the disfranchisement caused by strict application of the exact-spelling rule, and long-standing Alaskan "intent of the voter" jurisprudence would overcome the statutory analysis. Here's what the Alaska Supreme Court wrote: We start with the bedrock principle that “[t]he right of the citizen[s] to cast [their] ballot[s] and thus participate in the selection of those who control [their] government is one of the fundamental prerogatives of citizenship.” The right to vote “is fundamental to our concept of democratic government.” . . . We have applied this principle throughout the years because we recognize that the right to vote is key to participatory democracy. Guided by this polar principle, we declared in Edgmon v. State, Office of the Lieutenant Governor, Division of Elections that “the voter shall not be disenfranchised because of mere mistake, but [the voter’s] intention shall prevail.” Most recently, in State, Division of Elections v. Alaska Democratic Party, we noted that “[w]e have consistently emphasized the importance of voter intent because the opportunity to freely cast [one’s] ballot is fundamental.” That's the heart of the exact-spelling rule portion of the decision. If you're interested, I encourage you to read the decision itself. It also considers Miller's more technical claims under the Equal Protection clause and the Administrative Procedures Act, as well as his late-pleaded fraud claims. One notable portion for the lawgeeks, this court did not mention that Murkowski would have won the election even if he won the lawsuit, as the lower court did. That was pointed out as a central flaw of the decision below, because if that were the case, the lawsuit would be moot and the decision impermissibly "advisory." The other lawgeek thing to note is that, just as the U.S. Supreme Court did in Bush v. Gore the Alaska Supreme Court issued the decision "per curiam." That is, "through the Court" without listing which justice authored it or which members agreed. I suspect the reasoning was the same: to preserve, as much as possible, the public integrity of elections, the decision goes unsigned so as to distance it from complaints of partisanship. Even later: The Alaska Supreme Court also ruled against Murkowski's cross-appeal. She wasn't part of the original lawsuit, but intervened to contest the Alaska Division of Voters' decision to not count ballots where her name was written in, but the write-in bubble was not filled. According to the judges, that requirement was unequivocal in the statute, and not amenable to statutory interpretation. | Recent Comments
Dr. Bone:
">>>It takes a village to have a delicious fish fry ..."
Eromero: "252 Nomination won, I take it. Jim Banks @Jim_B ..." Ciampino - Heck, water is wet. Who knew?: "254 They speak openly about the importance of con ..." weft cut-loop[/i][/b] [/s]: "I was told this is fascist language @Breaking91 ..." Ciampino - Heck, water is wet. Who knew.: "249 How is your ammo? Is your powder dry? Post ..." [/i][/b]andycanuck (ZdexC)[/s][/u]: "Greg Price @greg_price11 9h Stormy Daniels signed ..." Nightwatch: "I was actually looking for a STARLINK launch tonig ..." [/i][/b]andycanuck (ZdexC)[/s][/u]: "Glenn Greenwald @ggreenwald 3h Democrats haven't ..." JackStraw: "ESPN just gave me a Heidi Bowl flashback. ..." [/i][/b]andycanuck (ZdexC)[/s][/u]: "Nomination won, I take it. Jim Banks @Jim_Banks ..." [/i][/b]andycanuck (ZdexC)[/s][/u]: "Carolina-Rangers OT next ..." FenelonSpoke: "Posted by: Ciampino - posted at May 07, 2024 09:44 ..." Recent Entries
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It Takes a Village to Catch a Fish Cafe Quick Hits 2 Quick Hits The New York Times -- "All the News That's Fit to Print" -- Finally Admits the Existence of Covid "Vaccine" Injuries, Three Years After Hundreds of Millions of Injections Julie Kelly: DOJ Finally Admits They Doctored Trump's "Classified" Documents by Putting Them Inside Classified Information Folders, and Then Propagandizing the Country With Photos of Them ABC "News" Fires Its Woke DEI Hire "News Chief" The Biden Usurpation is Now Withholding Precision-Guided Bombs From Israel (Which Will Force Them to Use "Dumb Bombs," Resulting In More Civilian Deaths (both Real and Fake), Which They Will Then Blame Israel For Kamala Harris Wows Nation with Debut of Entirely New Way to be Off-Putting The Morning Rant: Minimalist Edition Search
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