Judge Throws Out Joe Miller's Legal Challenge

Murkowski can be certified as winner
By Kevin Spak,  Newser Staff
Posted Dec 29, 2010 8:27 AM CST
Judge Throws Out Joe Miller's Legal Challenge
United States Sen. Lisa Miurkowski (R-Alaska), center, addresses a joyous crowd as her victorious write-in campaign is announced in Anchorage, Alaska Wednesday, Nov. 17, 2010.   (AP Photo/Michael Dinneen)

(Newser) – A federal judge has tossed out Joe Miller’s legal challenge against Alaska’s vote count, and with it the stay preventing the state from certifying Lisa Murkowski as the state’s senator. She’ll be officially certified tomorrow, Politico reports. US District Judge Ralph Beistline cited the Alaska Supreme Court’s ruling against Miller, which “concluded that Miller’s interpretation of the statute ‘would erode the integrity of the election system,’ and held that ‘voter intent is paramount.’”

Murkowski responded with a tweet: “Thankful Judge Biestline [sic] lifted hold on certification of Senate race," she wrote. "Looking forward to serving all Alaskans!" Miller, meanwhile, said he was “disappointed” and would keep looking for ways to challenge the election process. “My legal team believes that the clear language of the Election Clause as well as precedent, support our claims,” he said. (Read more Lisa Murkowski stories.)

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