JUNEAU, Alaska – The Alaska Supreme Court delivered another stinging setback to Republican Joe Miller, refusing to overturn election results that favored his GOP rival, Lisa Murkowski, in the state’s U.S. Senate race.

The high court on Wednesday upheld a lower court’s ruling dismissing Miller’s claims of impropriety in the state’s handling of the election and ballots for Murkowski, who waged a longshot write-in campaign after losing her primary to Miller. It found “no remaining issues raised by Miller that prevent this election from being certified.”

It’s now up to Miller to decide if the election is finally over.

A federal judge, who had put a hold on certification to give the state courts time to rule on Miller’s claims, said he would give Miller 48 hours to plead any outstanding issues to him once the high court had ruled.

Miller initially filed a lawsuit in federal court, claiming the state violated the Elections and Equal Protection clauses of the U.S. Constitution in its handling of the race. But U.S. District Judge Ralph Beistline said Miller’s claims about the state’s handling of the election should first be addressed by the state.

Miller spokesman Randy DeSoto said Miller’s team is reviewing the high court’s decision, and is weighing its options and chances of prevailing in the federal courts.

“We are disappointed the Alaska Supreme Court has ignored the plain text of Alaska law and allowed the Division of Elections to effectively amend the state election code, without even giving the public an opportunity for notice and comment,” he said.

Lt. Gov. Mead Treadwell, who oversees elections, said the state would be asking Beistline to lift his stay. The director of the state Division of Elections has said the race could be certified within hours of the stay being lifted. The state and Murkowski are eager for a rapid resolution; senators are sworn in for the new Congress Jan. 5.

“We felt all along that this election should have been certified, and I’m glad the Supreme Court took the time to come to a reasoned decision,” Murkowski attorney Scott Kendall said.

 

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