ANCHORAGE, Alaska (AP) -- A federal court judge has denied a request by Alaska GOP Senate candidate Joe Miller to immediately stop the state Division of Elections from counting write-in ballots. U.S. District Court Judge Ralph Beistline said Wednesday in his written decision that Miller has demonstrated no potential for irreparable harm.
Incumbent Lisa Murkowski ran as a write-in candidate in the Nov. 2 election. Miller is running second to write-in ballots. Miller wants to prevent the state from using discretion in determining voter intent and to throw out ballots that misspell Murkowski's name.
State attorneys said an 18-hour window to respond was unfair and there were no circumstances that required such a rapid response. Beistline gave the state until Monday afternoon to respond.