Joe Miller in Alaska is the U.S. Senate candidate who won't go away. Miller announced Monday he is going back to court. Miller said he will appeal last Friday's ruling by Superior Court Judge William Carey, who threw out Miller's challenge to the apparent re-election - by write-in votes - of incumbent Sen. Lisa Murkowski.
With backing from the Tea Party Express and former half-term Alaska Gov. Sarah Palin, Miller upset Murkowski in the Aug. 24th Republican primary, but it has been downhill since for the Fairbanks lawyers.
He ran a gaffe-prone campaign, with Miller security guards at one point detaining and handcuffing a journalist.
The Tea Party-backed nominee voiced unusual views, wanting to repeal the 17th Amendment - direct election of U.S. Senators - and said neither unemployment compensation nor Social Security were part of the U.S. Constitution.
Normally Democratic native groups and labor unions helped Murkowski mount the first successful U.S. Senate write in candidacy in 56 years. Unofficial returns show Murkowski winning by a 10,328-vote margin, and ahead by 2,169 votes even if all ballots challenged by Miller are excluded.
But Miller soldiers on in the courts. The Alaska Republican Party has called on him to concede. So has the Anchorage Daily News. Democratic Sen. Mark Begich has warned that a continued challenge could leave Alaska with just one Senator.
In his ruling Friday, Carey repeatedly cited Alaska Supreme Court precedents on voter intent.
But Miller wants a rigid standard applied: Write-in ballots must have the ballot oval completely filled in, and Murkowski's name must be written exactly at it appeared on her declaration of candidacy.
The Miller challenge has been fueled by fundraising from South Carolina's ultraconservative GOP Sen. Jim DeMint.
