Senate candidate Joe Miller (R) filed an appeal with the state Supreme Court on Monday, extending the legal process for contesting his loss against the wishes of Republicans in Alaska and Washington, D.C.
Miller is appealing Friday’s lower court ruling against his claims that the Division of Elections’ use of discretion when counting write-in ballots was unconstitutional. The Miller campaign claims the ruling “essentially modifies state law that previously required write-in ballots to match the candidate’s declaration form.”
The court also ruled against his claims of voter fraud, stating that Miller did not bring forth enough evidence.
“We have consistently asserted that the law should be followed strictly. The fact that the legislature stated that there should be ‘no exceptions’ to the ballot counting method is what, in our view, should govern this matter,” Miller said in a statement.
The state Supreme Court gave the Miller campaign until Monday to file its appeal. According to a release from the campaign, Miller’s opening brief is due Tuesday, the state’s opposition brief is due Wednesday and oral arguments begin Friday.
A federal court in Alaska still has an injunction issued keeping the state from certifying the election. It is expected to be lifted after the state Supreme Court rules on the case.
Vice President Joe Biden waits to conduct a mock swearing-in ceremony with Sen. Brian Schatz, D-Hawaii, in the Capitol's Old Senate Chamber, December 2, 2014. Schatz was sworn in to serve the remainder of his term since he was appointed to the seat after Sen. Daniel Inouye, D-Hawaii, passed away.