On November 29, a lower Alaska state court in Fairbanks held a hearing in Joe Miller’s lawsuit against the state of Alaska. Miller, the Republican Party nominee for U.S. Senate, had filed the lawsuit to stop the state from certifying Lisa Murkowski as the winner in the U.S. Senate race. The judge in Fairbanks ruled that the case should have been filed in state court in Juneau. See this story. The next step will be for the new judge to decide whether Murkowski should be allowed to intervene in the case. Only then can the case get to the merits. A hearing will be held on Wednesday, December 1.
Can NO body read in AK — ???
U.S.A. Const. Art. I, Sec. 5, para. 1 —
Each House [of the current minority rule gerrymander Congress] shall be the Judge of the Elections, Returns and Qualifications of its own Members ***
— does NOT say FINAL Judge of the Elections, etc.
Most rational States have special election law sections regarding vote disputes for U.S.A. Reps and Senators — i.e. direct certifications to the U.S.A. House of Reps or Senate respectively — for the other party hacks to rule on which party hack takes a seat.
SCOTUS awaits with another Bush v. Gore 2000 type hammer — 2010-2011 model updated — to be used on another batch of State constitutional LAW morons — as in 2000.
Quite fortunately control of the 2011-2013 U.S.A. Senate is apparently NOT in dispute.
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We are pleased to see the Alaska Division of Elections undergo this scrutiny. They have much to answer for in this past election cycle. Let us hope that their house is truly in order. Overall, it is beneficial for the people of Alaska and for future candidates and elections here that the issues raised by Mr. Miller are adequately answered.