As a follow up to yesterday’s post, a federal judge has cleared the way for U. S. Senator Lisa Murkowski to take her seat in the new session of congress that begins January 3, 2011. Murkowski ran as a write-in candidate during the last general election after losing in the primary to fellow republican and Tea Party favorite, Joe Miller.
Miller contested the Alaskan election commissions’ decision to accept write-in votes that were clear as to their intent, if not the correct spelling of Murkowski’s name. After exhausting his challenges in state courts, including the Alaskan Supreme Court, Miller asked a federal court to rule on the election.
Federal District Judge Ralph Beistline released the injunction he had placed on the election. The judge ruled that, "Generally speaking, the Alaska Supreme Court is the final expositor of Alaska law. That must be the case here."
Federal courts have consistently ruled that unless civil rights are violated that evokes the Fourteenth Amendment, elections are a matter for each state to set and arbitrate. The Constitution clearly states that it is up to each state who they send to represent them in congress.
End of story, Joe.