Joe Miller Loses Another Court Battle for Alaska Senate Seat

Alaska Republican Joe Miller has lost another round in state court in his struggle to overturn write-in candidate Sen. Lisa Murkowski's Nov. 2 Senate election victory, but Miller may yet fight on in federal court.

The Alaska Supreme Court ruled unanimously Wednesday against his claims that the state should undertake a hand recount of the election returns, the Anchorage Daily News reported. "There are no remaining issues raised by Miller that prevent this election from being certified," the Alaska Supreme Court said in its decision, upholding a lower court opinion.

Miller, arguing for a strict interpretation of state law, has challenged ballots that misspelled Murkowski's name and wants a recount of the entire race because he says some voting machines did not function properly. But even if all of the challenged ballots went his way, Murkowski would still have an edge of more than 2,000 votes.

The incumbent launched a long-shot write-in campaign as an independent after the conservative Miller -- with the blessings of Sarah Palin and the tea party movement -- upset her in the Alaska GOP primary in August.

Having lost his appeal to the state's highest judicial authority, Miller is running out of options, but could try to carry his fight to federal court. U.S. District Judge Ralph Beistline gave him until Monday to make the case that the federal judiciary should take up any remaining constitutional issues. And Beistline blocked Murkowski's certification as the winner of the election, which, for the time being, prevents her from being sworn in for another term.

Miller, in an e-mail to the newspaper, said he disagreed with the state court. "We are studying the opinion and carefully considering our options," the Fairbanks lawyer said.

In the meantime, Alaska Lt. Gov. Mead Treadwell said the state would ask the federal judge to lift his stay on certification to assure that Murkowski can take the oath of office on Jan. 5 when the new Congress convenes, the Associated Press said. Murkowski called the state court ruling "a great relief" and told the AP in an earlier interview that further legal wrangling by Miller would smack of "desperation."

In the final month of her current six-year term, Murkowski showed off an independent streak during the lame duck Senate session, Politico reported. She voted for the tax-cut compromise, the arms reduction treaty with Russia and repeal of the military's don't ask, don't tell policy on gays -- all priorities of the Obama administration. She also voted with the losing side to cut off debate on the DREAM Act, an immigration reform bill that fell short.

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