Political Hotsheet
By

Brian Montopoli /

CBS News/ November 11, 2010, 5:23 PM

Is Joe Miller Trying to Disenfranchise Alaskans?

A challenged ballot is shown Thursday, Nov. 11, 2010, in Juneau, Alaska. U.S. Sen. Lisa Murkowski's campaign on Thursday accused observers for rival Joe Miller of making petty challenges in the counting of voters' write-in ballots in an attempt to tilt the Alaska Senate race in their favor.

/ AP

Joe Miller, the Tea Party-backed Republican nominee for Alaska Senate, may be on the cusp of losing the Senate race to Sen. Lisa Murkowski, who ran as a write-in candidate after losing the GOP primary to Miller.

There were more write-in votes than there were votes for Miller, and the vast majority of those ballots seem to have been cast for Murkowski. Miller chosen to address this by challenging votes that appear to have been for Murkowski even when there is only the smallest of justifications for doing so.

Consider: According to the Associated Press, an observer for Miller today challenged a vote that seemed to be for Murkowski because even though her name was spelled and printed correctly, the "L" in Lisa was written in cursive. (Or just have a look at the challenged ballot pictured above.)

Other challenges have been for sloppy handwriting or tiny misspellings - "Lisa Merkowski," for example. While it would seem to be obvious that a write-in for "Lisa Merkowski" is a vote for Murkowski, Miller doesn't want it counted.

Alaska officials have said they will take into account voter intent when considering the ballots - which presumably means that the "Merkowski" vote would go to Murkowski. But Miller's legal team argues that state law does not allow such an interpretation: If the name on a write-in ballot does not exactly match the name of the candidate, they say, it doesn't count.

The legal question will be settled next week, when Miller's legal challenge to the state's position will be heard in court. (Miller already filed suit to stop the count altogether, but a judge turned him down.) If Miller's camp can successfully challenge enough ballots to overcome Murkowski's apparent lead - and the courts decide that their interpretation of the law is correct - he will become a senator.

The issue isn't just a legal one, however. Should Miller triumph by disqualifying a large number of ballots despite clear voter intent, he will have essentially have "won" an election in which he was not the candidate for whom Alaskans tried to cast the most votes.

Alaska officials say they want to count votes for Murkowski that are less than perfect because it means not disenfranchising Alaskans simply for sloppiness or spelling errors. For Miller, however, what the voters meant appears to be less of a concern than finding a way to Washington.


Brian Montopoli is a political reporter for CBSNews.com. You can read more of his posts here. Follow Hotsheet on Facebook and Twitter.
© 2010 CBS Interactive Inc. All Rights Reserved.
27 Comments Add a Comment
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CWOODS8178 says:
MURKOWSKI WILL PROBABLY SWITCH PARTIES IF SHE WINS
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AKPTAMom says:
I live in Alaska. I voted in this primary and this election, as I always do. I can't believe that Republican money is being used to attempt to throw out my vote. Joe Miller supporters aren't just challenging misspelled votes. They are challenging an extra curve in the left side of a "U" saying it might be "A", a cursive mark after an "O" linking to the next letter, a "W", etc. Republican Mom's from Anchorage are discussing whose handwriting is neat enough to pass the appropriate test. I am willing to wait to see what the count will be, but I hope the National Senatorial Republican Committee considers whose votes are being cast aside if you continue to fund Joe Miller lawyers. I know I can spell. I am reasonably sure that my vote is similar to those pictured in Alaska blogs & I am not at all happy with the party I have supported repeatedly over the years.
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MurdochSucks says:
I never thought I'd be rooting for a Republican in Alaska, but I really hope Murkowski gets her justice. Alaskan Republicans are so stupid to have nominated Miller in the first place. So dumb to put up crazy extremists, but it is sad that the Dems couldn't capitalize on this split in the Reps. Too bad.
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Whistlepunk says:
There's absolutely no doubt whose side the media is on after this.
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abbe91 replies:
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Siding with the republicans ... LOL
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strikerF2 says:
Damnit mis-spelling is not acceptable. The ballots that are mis-spelled can not be counted,that is in the rules so why is there even a dispute about this?
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BPrince15 replies:
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The rules make no mention of spelling or misspelling. If the law did say that then, as a fan of the constitution Joe Miller shouldn't be taking advantage of an unconstitutional law. People can't be prevented from having their vote count due to a learning disability or shaky handwriting. Should we not count your comment because you started it with damnit or did you just find a louse running along a hair shaft.
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mvpel says:
Typical leftist tactics: change the rules until you win. And yes, I know that Murkewski is a "Republican."

Does the rule of law have any meaning in Alaska???

They set forth the requirements for write-in votes before the election, and write-in vote requirements are spelled out very explicitly in Alaska State Law, and they even went to the Supreme Court to allow a printed list of write-in candidates to be provided to voters... and now they want to disregard those laws and requirements because it favors the anointed one. How is that fair or just?

The law says:
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(11) A vote for a write-in candidate ... 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.

(12)(b) The rules set out in this section are mandatory and there are no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.
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Can it be any more clear?

Is her last name Merkowski? Murcowski? Merkowsky? NO! And a write-in votes for any of those names DOES NOT COUNT as a vote for Lisa Murkowski under the unambiguous terms of Alaskan law. "NO EXCEPTIONS!"

If folks don't like that fact, they should call on the Alaskan legislature to change the law, instead of trying to twist, or simply disregard, the law in order to unfairly win an election.
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jimbobkalina says:
Just take it to supreme court. The repub activists there will approve Miller in a flash just like they did for GWB.
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strikerF2 replies:
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Had the people of Florida been able to count as effective as a third grader it never would have happened.
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Amusedbyitall says:
The Tea Party is proving to be an oligarchy. Disenfranchise those that vote against them rather than allowing the majority to decide who will represent Alaska in the U.S. Senate. The few ruling the masses. Uncle Joe Stalin would be proud of Joe Miller.
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strikerF2 replies:
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No Uncle Joe would have Lisa sent to a gulag for re-patriot trainning.
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AfterSeven says:
Hi Brian Montopoli,
The title should be Is Lisa Murkowski trying to disenfranchise voters. Affidavits of Voter Intimidation and Fraud concerning the Murkowski Team are either on file or soon to be filed. http://*****/gXiZv
A story so big, even CBS won't be able to ignore it. How's your team doing running down that story or are you just a shill for Murkowski?

As for the Recount, no ballot is valid unless Murkowski's name is spelled correctly and the oval is filled in...either they got it right or they didn't...Hence the reason Murkowski went to such great lengths to ensure voters spelled her name correctly. To include invalid ballots would disenfranchise voters who followed the law, n'est pas?
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cigar-smoker replies:
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@AfterSeven "http://*****/gXiZv"? What kind of link is that? What "fluff station" are you pumping?
Nile_Liszt replies:
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"n'est-ce pas" is misspelled. Argument invalidated: faux francophone.
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esq777 says:
I thought Miller was against frivolous lawsuits. Maybe he should start with his own. I guess he can't help himself though. It's the GOP way -- if you can't win an election with votes, then sue and steal it.
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mvpel replies:
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Ho hum, that old myth again. Every recount of Florida ballots, regardless of how it was done, had Bush in the lead. You probably didn't hear that fact from SeeBS, though.

Maybe you'd prefer Democrat tactics of stationing armed militants in front of the polls.
Nile_Liszt replies:
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@ mvpel: you're assertion is the myth. Gore clearly won Florida, had the recount proceeded in accordance with Florida election law, within any legally reasonable standard of ballot interpretation. Ironically, if the recount had been allowed to proceed according to the original Republican position (that ALL counties had to be recounted) then Gore wins. Conversely, if the Gore camp had gotten their wish of "cherry-picking" counties, then Gore would have lost. Unfortunately, the will of the voters was cast aside by the SCOTUS for the sake of expediency. Read:

http://www.consortiumnews.com/2001/111201a.html
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