Remember that amended federal complaint Joe Miller filed yesterday in his quixotic quest to have the courts overturn the results of the U.S. Senate election in Alaska?
Today, the Hon. Ralph R. Biestline of the United States District Court for Alaska dismissed Miller's federal claims in their entirety, without even waiting for a response from the State of Alaska.
In sum, Judge Biestline:
- Declined "to second-guess the highest Court of the state" as to how Alaska election law regarding voter intent should be interpreted, noting:
[W]hen an election involves a “write-in” vote, human discretion on some level is inevitably required. Although Plaintiff describes the counting process used by the Division of Elections in this case as “vague, amorphous, and subjective,” the fact remains that some process was necessary in order to tabulate write-in ballots in this election. Write-in ballots cannot be properly evaluated by a computer. The Division of Elections formulated a methodology for counting the ballots and the Alaska Supreme Court has concluded that it was accomplished within the law.
- Rejected Miller's Equal Protection argument as all disputed ballots ultimately went before one person, the Division of Elections' Director, distinguishing this from the Bush v Gore hodgepodge of varying county standards. Moreover, handwriting ain't chad:
The evaluation of handwritten ballots is markedly different from “divining the intent of a voter by scrutinizing a dimpled chad” or “interpret[ing] the marks or holes or scratches on an inanimate object.” The very nature of a “write-in” vote pre-supposes a requirement that someone will have to read the handwriting and determine for whom the vote was cast.
- Rejected Miller's claim that differing methods of verifying ballots (between manual and computer-based methods) raised any Equal Protection concern.
And, so:
In light of the foregoing, the federal claims in Plaintiff's Complaint are DISMISSED WITH PREJUDICE. The injunction is lifted and the Division of Elections may certify the election results immediately. This matter is DISMISSED.
IT IS SO ORDERED.
Two more potential stops remain on Miller's quest: the U.S. Court of Appeals for the Ninth Circuit, then the Supremes. There's no reason to expect a different result.