Ellen Lockyer, KSKA – Anchorage
Joe Miller will continue his fight against the state division of
elections in federal court. In an email released late Sunday night, Miller said he won’t oppose certification of the U.S. Senate race, but will file a motion in federal court Monday “to stay the post certification election contest timeline until after the federal case has concluded.”
Miller’s attorneys asked U.S. District Court Judge Ralph Beistline to extend the post-certification deadline for seeking a recount or election contest until Beistline rules on the merits of his case and “all appeals have been exhausted.”
Miller’s federal suit was filed last month, but required a final determination by the Alaska state court to proceed further. A federal judge ordered a stay on the election certification until state courts decided on Miller’s complaint. A State Superior Court dismissed Miller’s charges against the state division of elections, and the Alaska Supreme Court upheld the Superior Court’s decision.
Miller’s said in a press release, “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.”
Miller stated that he is withdrawing his opposition to the certification of the Alaska U.S. Senate election. Pending a federal judge’s removal of a stay against state certification of the election, that would allow Lisa Murkowski to be seated when Congress convenes in January.
In court filings, Miller’s legal team pointed out several issues that they say need further review. They include whether the U.S. Constitution’s Election Clause and Equal Protection Clause were violated. Miller is also pressing his contention that felons cast votes in the November election.
The state has until Wednesday to respond to Miller’s charges.
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