Joe Miller is calling the counting of write-in votes in the Alaska Senate race “potentially unconstitutional,” and is invoking the Bush v. Gore Supreme Court case to make his point.
Miller, the Republican U.S. Senate candidate, said in a statement that he’s troubled that election officials will consider voter intent during the write-in vote counting process, especially in cases where voters spelled write-in candidate Lisa Murkowski’s name wrong. That process is set to start today.
A lawsuit filed in federal court Tuesday cites the Bush v. Gore decision — a decision that stopped a recount of votes in Florida, and cemented Bush as the winner of the 2000 presidential election — as saying such a practice has been deemed as not “constitutionally sufficient.”
Miller is believed to be trailing Murkowski in the results so far by about 11,000 votes, though the race appeared to tighten Tuesday as Miller picked up more votes from absentee and early voters.
Miller now has 81,195 votes. There are a total of 92,528 write-in votes. While most are thought to be for Murkowski — who launched an aggressive write-in campaign — it’s not known how many will end up being counted for her.