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State files opposition against Miller lawsuit

November 15, 2010|By Lori Tipton | Channel 2 News

ANCHORAGE, Alaska — The State of Alaska filed its opposition today against a lawsuit from U.S. Senate candidate Joe Miller.

Miller is asking a federal judge to keep the Division of Elections from using discretion in counting write-in ballots.

The state says Miller's claims have no merit.

The suit was filed last Tuesday arguing the state should be held to the law, which states a ballot oval must be filled in and either the candidate's last name or name as it appears on a declaration of candidacy written in.

The state has said it will use discretion when it comes to misspellings or variations of Murkowski's name with officials pointing to case law as their basis for this.

Miller has until 3:00 p.m. Thursday to file a response to the state's opposition.

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