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Home U.S. World Entertainment Sports Business Health Science Technology Politics Offbeat Environment Travel Miller Brings Alaska Senate Election Lawsuit To State Court Republish Email Facebook Digg Twitter Buzz Up! Share November 23, 2010 9:01 a.m. EST Topics: government, politics, public officials, local elections, election, United States Kris Alingod - AHN News Contributor Anchorage, AK, United States (AHN) - Following a federal court's orders, Republican candidate Joe Miller filed a lawsuit against Alaskan election officials in state court on Monday. Republicans in that state have called the race for Sen. Lisa Murkowski, who celebrated her win last week as a write-in candidate. In his new lawsuit, Miller makes the same argument against officials using "voter intent" to determine the validity of write-in ballots with misspellings of Murkowski's name. The Tea Party conservative cites state law saying write-in votes "shall be counted if the oval is filled in for that candidate and if the name, as it appears on the write-in declaration of candidacy, of the candidate or the last name of the candidate is written in the space provided.” A federal judge on Friday stopped the certification of election results in response to Miller's first lawsuit on the condition that the candidate bring his legal challenge to state court. Murkowski has 92,929 write-in ballots in her name, plus 8,159 others challenged by Miller but counted for her by election officials. A little over 2,000 write-in ballots for Murkowski were challenged by Miller and excluded by officials. Miller, a former Fairbanks judge, has a total of 90,760 votes, more than 10,000 votes behind Murkowski if the challenged but valid ballots are considered. If the all challenged ballots for Murkowski are excluded, the senator still leads by more than 2,000 votes. Miller, however, believes that his deficit would grow significantly smaller after a hand recount of votes for him. He has accused officials of "the unequal treatment of the ballots." He has criticized Lt. Gov. Craig Campbell, who is in charge of elections, of being an appointee of Murkowski's father who "has decided to make up his own law which pretty much gives the power to determine what votes should and shouldn't count." "Lisa Murkowski's were counted by hand... If Miller's ballots were given the same review, he will likely gain numerous votes," his campaign said last week. Murkowski launched a write-in campaign after unexpectedly losing the Republican primary in August. A moderate who was appointed to the Senate in 2002 by her father, the incumbent battled criticisms from the Tea Party that she is a RINO, or Republican in name only. She fought back by touting her independence and blasting the Tea Party as a special interest group that sought to interfere in local politics in Alaska. "We still don’t know what Joe hopes to gain," Kevin Sweeney, the senator's campaign manager, said Monday. "We remain confident the court will confirm, based on case law, that the Division of Elections has correctly interpreted voter intent.” The race is the only undecided Senate race. Re-election would make Murkowski the first to win a Senate write-in campaign since Strom Thurmond in 1954. Copyright © 2003 - 2010 AHN - All rights reserved.Redistribution, republication. syndication, rewriting or broadcast is prohibited without the prior written consent of AHN.License real time content for your website, business, digital signage network or publication. [ Close ] When publishing articles from AHN we require that you follow several simple rules and that you abide by our Terms and Conditions. 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