Judge: Alaska court must decide Senate dispute

                          By BECKY BOHRER

The Associated Press

updated 6 minutes ago

JUNEAU, Alaska — An Alaska federal judge ruled Friday that Republican Senate candidate Joe Miller's challenge to the counting of write-in ballots raises "serious" legal issues but is a matter for a state, not federal, court to decide.

Yet in deferring to an Alaska state court for a final decision, U.S. District Judge Ralph Beistline said he would grant a temporary injunction to halt official certification of the Nov. 2 election — an action Miller is seeking — so long as Miller takes his case to the state court by Monday.
Beistline's unusual action was intended to "ensure that these serious state law issues are resolved prior to certification of the election," the ruling said.
Miller sued in federal court in a bid to seek to stop the state from using discretion in determining voter intent on write-in ballots cast for his election rival, Sen. Lisa Murkowski, who declared victory in the race Wednesday. She mounted the write-in campaign after losing to Miller in the GOP primary.
State law calls for write-in ballots to have the oval filled in and the candidate's last name or name as it appears on their declaration of candidacy written.
But the state pointed to case law in counting Murkowski ballots that contain misspellings or were phonetic to her name. Lt. Gov. Craig Campbell, who oversees elections, has defended the practice, saying the state doesn't want to disenfranchise any voters.
Miller wants the law adhered to strictly, and asked Beistline to keep the state from certifying the election results based on a count of ballots that aren't in line with it. The target date for certifying the race is Nov. 29.

Beistline said a state court is in "the best position, at least initially, to apply Alaska law and to determine who won this election."
But he also said he'd "remain available to review any constitutional issues that may exist once the state remedies have been exhausted."
On Friday, Miller amended his complaint, alleging among other things violations of the U.S. Constitution's Elections Clause and equal protection. The complaint said the state's procedure of hand-reviewing write-in ballots to determine voter intent — but not ballots for other candidates, which went through automatic machines — "gave a substantial advantage" to write-in candidates like Murkowski.
Miller's spokesman said Miller wants a hand count, but after a court rules on the standard by which ballots should be judged.
An attorney for the state, Margaret Paton-Walsh, said she's glad the matter was referred to state court, "where it belongs." She said she's confident Miller's reading of the law will be rejected if he files a case.
Miller, whose been urged by the state GOP to concede, said he looks forward to the court's interpretation.
"It is critical that these issues be resolved not only for this election, but for future ones in Alaska, as well," he said. "We are a nation of laws, and the law concerning this could not be clearer. We need the state law applied consistently to all ballots cast."
Murkowski declared victory in the race Wednesday, as the final several hundred ballots were tabulated. Murkowski held a lead of more than 10,000 votes. That tally includes ballots contested by Miller observers. Not factoring those in, her lead was over 2,200.
An updated figure is due later Friday, following the completion of work by ballot counters to determine whose name was written on the remaining ballots.
Murkowski campaign manager Kevin Sweeney said he doesn't know what Miller could gain by pursuing the issue. He said Murkowski is "already back at work and focused on representing all Alaskans for the next six years."
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