Joe Miller Will Fight His Case in Federal Court but Not Oppose Certification (Update: Miller’s Statement)

Joe Miller has announced that he will continue fighting for the rule of law in federal court. However, Miller also announced that he will not oppose efforts by the state to certify the race in favor of Frank Murkowski’s daughter.

Republican Senate candidate Joe Miller announced late Sunday that he would continue his challenge in federal court of the write-in election of rival Sen. Lisa Murkowski, but added he would not oppose certification of Murkowski’s victory by state election officials.

I believe it’s a poor decision on Miller’s part to no longer oppose the state’s efforts to certify the election. Some of us continue to support Miller’s efforts partly because of the potential to keep Murkowski out of the Senate as long as possible and the potential to render her completely powerless through a loss in seniority in the event she did return to the Senate. The reasoning was that America benefited from having only one Senator from Alaska stealing from the taxpayers rather than two Senators from Alaska stealing from the taxpayers.

It also strikes me as unrealistic to believe that Murkowski would be removed from the Senate after she is certified as the winner even if the federal court rules in Miller’s favor and he prevails in a recount. There doesn’t appear to be much of a point in pursuing the case in federal court if you also aren’t willing to continue opposing the state’s efforts to certify the election.

Update: Here is Miller’s statement:

Joe Miller, Republican nominee for U.S. Senate, will not oppose state certification of the U.S. Senate race in Alaska. For the sake of the integrity of the election, Miller will go forward with the federal suit, which was filed last month, but required a final determination by the Alaska state court to proceed further. He will be filing a motion in federal court to stay the post certification election contest timeline until after the federal case has concluded.

“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. Nevertheless, 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.” Miller added, “This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue.”

In its court filings, the Miller legal team pointed out several issues that require further review including: whether the U.S. Constitution’s Election Clause was violated by ignoring the legislature’s mandatory provisions for write-in candidates; whether the U.S. Constitution’s Equal Protection Clause was violated by the different vote counting standards that were applied, dependent on the candidate in question; and other issues such as at least hundreds of felons voting and at least hundreds of ballots being filled out by a handful of people.

Miller stated, “We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future. Election integrity is vital.”

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