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December 27, 2010

Alaska Senate Update: Miller Not Conceding, Will Continue in Federal Courts

To recap: the Alaska Supreme Court says that the Division of Elections properly counted ballots under state law. Following that decision, the federal district court where Joe Miller originally filed his lawsuit gave him until today to decide what to do.

Last night he announced that he will continue to pursue his lawsuit in the federal courts, presumably under an equal protection theory.

In a prepared statement e-mailed to the media about 10:20 p.m., Miller said he planned to go ahead with his federal lawsuit "for the sake of the integrity of the election."

Miller initially challenged the Nov. 2 election in federal court, but Beistline ruled he had to go to state court first. Miller lost in state Superior Court, and the Alaska Supreme Court unanimously declared last week that the Superior Court had ruled correctly.

Beistline had given Miller until this morning to file motions continuing his case. The state has until Wednesday to respond. Beistline indicated he would rule from the filings and not require oral arguments.

Miller has not, however, asked the federal judge to continue the injunction which has prevented Alaska from certifying the results of the election. Murky will be seated and she will keep her seniority.


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posted by Gabriel Malor at 09:42 AM

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