Miller Files Court Response to Change of Venue and Intervention IssuesMiller Contends Murkowski Should Not Intervene as the State of Alaska is best-suited to Defend its Laws and Actions
Fairbanks, Alaska. November 26, 2010 -- Today, Joe Miller, the Republican nominee for U.S. Senate filed an opposition brief to Lisa Murkowski's request to intervene in the pending suit against Lieutenant Governor Craig Campbell regarding the manner in which state law is being applied to count write-in ballots.
The primary purpose of the suit is to address the standard used to count write-in ballots. Miller relies on state law, but the Lieutenant Governor has created various exceptions to which Mr. Miller objects. Joe Miller said that, "the state is represented by the Attorney General's office. It has many lawyers with election law experience and is perfectly capable, willing, and competent to represent the state's legal interests in this case. Murkowski's effort to intervene is not necessary or appropriate."
There is case law that establishes that there is a presumption against intervention by third parties when the state is defending its sovereign acts - as it is doing here.
Miller Campaign counsel, Thomas Van Flein, said, "Our briefs contend that the State is fully capable of defending its own positions. We also argue that Fairbanks is a better venue for this matter in that is where Mr. Miller resides, that is where he cast his vote, and Fairbanks is far more accessible to the public to monitor the court proceedings than Juneau."
The court has set a hearing on these motions for November 29, 2010 at 1:15 p.m. The parties anticipate a ruling on both motions from the court by next week at the latest.
For more information contact Randy DeSoto: email@example.com
Posted: November 30, 2010
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