Miller files vote-count lawsuit in Alaska court

Nov 22, 2010 Full story: Kansas City Star 70

Alaska's bitterly contested Senate election went to state court Monday when Republican Joe Miller sued the state over the way write-in ballots for his GOP rival have been counted.

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Old Coastie

Tulsa, OK

#68 Nov 28, 2010
PooPoo Platter wrote:
Some friendly advice for Joe Miller from 'ol PooPoo:
Joe, you tried. You gave it your best shot. You even earned a spot on the ballot as the Republican nominee. Unfortunately, Lisa Murkowski got over 10,000 more votes than you.
Not only that, they went to the trouble of writing "Murkowski" in order to pass you and the Democrat by. You are contesting 8,000 Murkowski votes, but even if all those voters have their vote thrown out, you still lose by 2,000 votes.
Face it Joe, you lost. Maybe voters resented outside influence by teabagger money and operatives. Maybe you were seen as too close to Sarah Palin and she's not as popular as she used to be. Maybe Alaskans didn't care for how your private security guards handcuffed that reporter.
Figure it out, it will give you something to do.
But face reality, you lost. And yelling at the officials only makes you look like a loser.
Tea bagger? Sara? So I read about you and it's all obuma and hope and change. you don't care about law, only feelings.

I dont really care who wins But the LAW in that state states, the write in name MUST be spelled right. They alowed incorrect spellings to be counted. Miller is right on this.

I feel that even with the votes removed he will lose, but the law is the law.
Shady Lady

Schaumburg, IL

#69 Nov 28, 2010
There is no way this woman won the General election if they follow the law. All votes will be checked for irregularity, misspelling, or any other errors. When they follow the law Miller wins.

Since: May 10

Salinas, CA

#70 Nov 28, 2010
Old Coastie wrote:
<quoted text>
Tea bagger? Sara? So I read about you and it's all obuma and hope and change. you don't care about law, only feelings.
I dont really care who wins But the LAW in that state states, the write in name MUST be spelled right. They alowed incorrect spellings to be counted. Miller is right on this.
I feel that even with the votes removed he will lose, but the law is the law.
Hmm?

Yet the Division of Elections already is authorized to determine voter intent under current election law. Under the same heading that Miller has been citing, "General Procedure for Ballot Count," the statute reads if a mark is not entirely in an oval, but is placed in such a way "so as to indicate clearly that the voter intended the particular oval to be designated," the vote should be counted.

It is reasonable this same standard be applied when counting votes for write-in candidates. The intent to cast a vote for a candidate is more important than achieving technical perfection when casting that vote. If it looks like a duck and sounds like a duck, it should be counted as a duck.

That standard should be applied to every candidate on every ballot, whether their name is printed on it and the oval isn't completely filled in, or a candidate's name must be written in. Anything less does indeed impugn the integrity of an election.

http://www.juneauempire.com/stories/112310/op...

But many legal experts believe the issue isn't so clear cut. Prof. Rick Hasen of Loyola Law School says Alaska courts have been especially strong in insisting that voter intent be taken into account when interpreting election laws. Alaska's elections director, Gail Fenumiai, cites two Alaska court decisions allowing votes to count when the intent was clear, even if ballots were not filled out according to the letter of the law. Neither of those cases, however, involved write-in candidates.

http://firstread.msnbc.msn.com/_news/2010/11/...

BUT, IT REALLY DOESN'T MATTER RIGHT? BECAUSE SHE'S AHEAD BY 10,000+ VOTES BUT MILLER ONLY DISPUTES 8,000+ VOTES!

I love how the TeaBaggers are SOOO consistent though, on "voter intent", however, lol

"Virginia GOP Demands Loyalty Oath From Primary Voters"

The dimpled chad dilemma

November 22, 2000

Republicans are up in arms over this tactic, arguing there is no logical connection between a slight ballot depression and voter intent

If only this scenario were unfolding in Texas. While election law in Florida is inconclusive with regard to the inclusion of dimpled, hanging and detached chads, Lone Star State voters need only create a depression on a ballot in order for their vote to count.(Thanks, in part at least, to Governor George W. Bush, who signed the "voter intent" decree into law just a few years ago).

http://edition.cnn.com/2000/ALLPOLITICS/stori...

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#71 Nov 28, 2010
Shady Lady wrote:
There is no way this woman won the General election if they follow the law. All votes will be checked for irregularity, misspelling, or any other errors. When they follow the law Miller wins.
Well then you'll just have to get over it when Murkowski is certified as the winner.

Since: Nov 08

Location hidden

#72 Nov 28, 2010
Jonny Boy Central Coast wrote:
<quoted text>
Hmm?
Yet the Division of Elections already is authorized to determine voter intent under current election law. Under the same heading that Miller has been citing, "General Procedure for Ballot Count," the statute reads if a mark is not entirely in an oval, but is placed in such a way "so as to indicate clearly that the voter intended the particular oval to be designated," the vote should be counted.
It is reasonable this same standard be applied when counting votes for write-in candidates. The intent to cast a vote for a candidate is more important than achieving technical perfection when casting that vote. If it looks like a duck and sounds like a duck, it should be counted as a duck.
That standard should be applied to every candidate on every ballot, whether their name is printed on it and the oval isn't completely filled in, or a candidate's name must be written in. Anything less does indeed impugn the integrity of an election.
http://www.juneauempire.com/stories/112310/op...
But many legal experts believe the issue isn't so clear cut. Prof. Rick Hasen of Loyola Law School says Alaska courts have been especially strong in insisting that voter intent be taken into account when interpreting election laws. Alaska's elections director, Gail Fenumiai, cites two Alaska court decisions allowing votes to count when the intent was clear, even if ballots were not filled out according to the letter of the law. Neither of those cases, however, involved write-in candidates.
http://firstread.msnbc.msn.com/_news/2010/11/...
BUT, IT REALLY DOESN'T MATTER RIGHT? BECAUSE SHE'S AHEAD BY 10,000+ VOTES BUT MILLER ONLY DISPUTES 8,000+ VOTES!
I love how the TeaBaggers are SOOO consistent though, on "voter intent", however, lol
"Virginia GOP Demands Loyalty Oath From Primary Voters"
The dimpled chad dilemma
November 22, 2000
Republicans are up in arms over this tactic, arguing there is no logical connection between a slight ballot depression and voter intent
If only this scenario were unfolding in Texas. While election law in Florida is inconclusive with regard to the inclusion of dimpled, hanging and detached chads, Lone Star State voters need only create a depression on a ballot in order for their vote to count.(Thanks, in part at least, to Governor George W. Bush, who signed the "voter intent" decree into law just a few years ago).
http://edition.cnn.com/2000/ALLPOLITICS/stori...
pure conjecture and opinion as usual.......the law is the law and it was broken.

Since: Nov 08

Location hidden

#73 Nov 28, 2010
WeTheSheeple wrote:
<quoted text>
Well then you'll just have to get over it when Murkowski is certified as the winner.
No, Franken was certified also by a liberal, even after it was shown by votes that kept showing up in the back seats of peoples cars that there were more votes than registered voters........but we know Liberal never win on a level playing field.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#74 Nov 28, 2010
Le Jimbo wrote:
<quoted text>No, Franken was certified also by a liberal, even after it was shown by votes that kept showing up in the back seats of peoples cars that there were more votes than registered voters........but we know Liberal never win on a level playing field.
It just makes our victories all the sweeter, knowing it really pisses of the teabaggers!
Shady Lady

Schaumburg, IL

#75 Nov 28, 2010
She is a Republican. She will count as a Republican, and according to a Republican Senator last week she will caucas with Republicans, and vote with Republicans. I am just looking for one state that will hold an honest election. Just one.

Since: Nov 08

Location hidden

#76 Nov 29, 2010
WeTheSheeple wrote:
<quoted text>
It just makes our victories all the sweeter, knowing it really pisses of the teabaggers!
SEIU Drops Health Coverage for Workers’ Children...WHAT AFTER THE MILLIONS OBAMA HAS GIVEN THEM………THUGGERY JUST DOESN’T PAY ANYMORE.

UAW union cleans up on GM stock sale...YEP, CHEAT THE ORIGINAL STOCKHOLDERS, PAYOFF THE UNIONS…..

Obama Risks Dem Revolt in Lame-Duck Session...LAME DICK, BECOMES LAME DUCK…………SURLY I CAN GO ON A TRIP SOMEWHERE.

U.S. in Damage Control After Vast Leak of Diplomatic Cables, Finally transparency in the Odoodle dog and pony show.
serfs up

Orlando, FL

#77 Nov 29, 2010
WeTheSheeple wrote:
<quoted text>
Well then you'll just have to get over it when Murkowski is certified as the winner.
You see the corruption and bathe in the light of it. You live in a nation in decline and a region in decline longer and still live with false pride. This creature and others like her helped to cause the problems we have. She is a remnant like so many others who think our wealth is like the peak of the 1960's. Our wealth is no where near that in real terms. This is not a sporting event. And from view competing teams are knocking themselves out. Here is my view. If the old guard repubs continue the same bull, I will never vote for them again. That leaves tea party and hard liners that have all of the answers. And I won't be the only one. Then you will have to get over it. Our patience can last only so long.

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