Miller Won’t Fight Murkowski Certification — But Will Challenge In Federal Court

Joe Miller and Sen. Lisa Murkowski (R-AK)
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Joe Miller says he won’t object to the state certifying Sen. Lisa Murkowski’s apparent victory in the Alaska Senate race — but that’s not going to stop him from continuing his election challenge in federal court.

Miller wrote in a statement last night: “After careful consideration and seeking the counsel of people whose opinion I respect and trust, I have decided that the federal case must go forward. The integrity of the election is vital and ultimately the rule of law must be our standard.”

But, he continued, “I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month.”

U.S. District Court Judge Ralph Beistline, who will hear Miller’s federal case, had previously blocked the race from being certified until the court cases were settled. But the Anchorage Daily News reports that he has since “said he would probably lift his order staying certification, allowing Murkowski to assume office Jan. 5 without losing seniority or leaving the state short a U.S. Senator,” even before he rules on Miller’s federal case.

Read more: http://www.adn.com/2010/12/26/1620718/miller-to-continue-case-in-federal.html#ixzz19Kg2NGOS

Miller was dealt a seemingly fatal blow by the Alaska Supreme Court last week, who ruled against all of Miller’s challenges to the write-in ballots for Murkowski. There are “no remaining issues raised by Miller that prevent this election from being certified,” the court wrote last week.

Miller had argued that it was against state law for the Alaska Division of Elections to count votes for Murkowski that were misspelled — though even without counting the contested ballots Murkowski was still ahead by over 2,000 votes.

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