Fairbanks, Alaska. November 26, 2010
– Today, Joe Miller, the Republican nominee for U.S. Senate filed an opposition brief
to Lisa Murkowski’s request to intervene in the pending suit against
Lieutenant Governor Craig Campbell regarding the manner in which state
law is being applied to count write-in ballots.
The primary purpose of the suit is to address the standard used to
count write-in ballots. Miller relies on state law, but the Lieutenant
Governor has created various exceptions to which Mr. Miller objects. Joe
Miller said that, “the state is represented by the Attorney General’s
office. It has many lawyers with election law experience and is
perfectly capable, willing, and competent to represent the state’s legal
interests in this case. Murkowski’s effort to intervene is not
necessary or appropriate.” There is case law that establishes that there
is a presumption against intervention by third parties when the state
is defending its sovereign acts – as it is doing here.
Miller Campaign counsel, Thomas Van Flein, said, “Our briefs contend
that the State is fully capable of defending its own positions. We also argue that Fairbanks is a better venue
for this matter in that is where Mr. Miller resides, that is where he
cast his vote, and Fairbanks is far more accessible to the public to
monitor the court proceedings than Juneau.”
The court has set a hearing on these motions for November 29, 2010 at
1:15 p.m. The parties anticipate a ruling on both motions from the
court by next week at the latest.
For more information contact Randy DeSoto: randy@joemiller.us