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Miller v. Campbell
''Miller v. Campbell'' is a series of three lawsuits filed by U.S. Senate candidate, Joe Miller, in both federal and Alaska state courts, that dispute vote-counting methods and other procedures conducted by the Alaska Division of Elections relating to the November 2, 2010 general election.
The first suit was filed by Miller in the U.S. District Court of Alaska on November 9, 2010,〔Miller v. Campbell (3:10-cv-00252-RRB, District of Alaska)〕 That suit was directed at invalidating write-in ballots that did not perfectly spell the last name of Miller's opponent, Lisa Murkowski, or that did not reproduce her name as it appeared on her declaration of write-in candidacy.〔 When he filed the suit, Miller also sought a preliminary injunction requesting a suspension of the hand count of all the write-in votes pending a final order of the federal court. The judge denied the injunction, stating that irreparable harm would not occur because disputed ballots could be kept separate for re-examination. Miller also filed a suit in State court on November 11, asking for voter rolls to compare to the number of votes cast in certain precincts, and to look for evidence of vote fraud.
On November 19, the federal judge directed Miller to move his suit to State court for a determination of whether the Division of Elections was violating Alaska law, and he issued an order halting the certification of the election, pending the outcome of the litigation.〔 Miller then filed his second State court lawsuit regarding the election in the Alaska Superior Court on November 22. All of Miller's claims were rejected by the judge on December 10. Miller appealed the ruling to the Alaska Supreme Court; they will hear oral arguments on December 17 and have fast-tracked their decision-making. The federal court retained jurisdiction of the U.S. constitutional issues that Miller raised in his November 9 Complaint; namely, that when the State Division of Elections used a voter intent standard in counting write-in ballots, it violated the Elections Clause and the Due Process Clause. According to Miller, the State election statute should be strictly construed to prohibit the counting of ballots in a candidates' favor if the ballots do not exactly comply with the clear and mandatory language of the statute. The federal judge has indicated he will rule in an expedited fashion on any U.S. constitutional issues that remain after the ruling by the Alaska Supreme court.
==Background==
Incumbent U.S. Senator Murkowski, a Republican, ran as a write-in candidate in the November 2010 general election because she had been defeated by Miller in the August 2010 Republican primary. The largest number of ballots cast in the November election were write-ins which required a hand-count to determine the names written on those ballots.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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