Thursday, November 11, 2010

98 percent of write-on ballots go to Murkowski, Miller team aggressively challenging even those with correct spelling.

From ADN:

Almost 98 percent of write-in ballots opened Wednesday went to Lisa Murkowski on the first day of a count meant to decide Alaska's U.S. Senate race.

The Division of Elections accepted few of the objections made by Joe Miller's campaign to the ballots.

"So far things look really good for us," said Murkowski campaign manager Kevin Sweeney, who is in Juneau watching the write-in ballot count.

So it looks like the Miller campaign is essentialy fighting a lost cause, and their desperation is evident for all to see.

Miller campaign observers successfully challenged only 1.44 percent of the 19,203 ballots counted on Wednesday. Fenumiai agreed with challenges by the Miller campaign of ballots like "McCosky," "Misskowski" and "Morcowski."

Some of the ballots challenged by Miller campaign observers Wednesday appeared to be correctly spelled "Lisa Murkowski," with the oval filled in as required. Fenumiai said she was seeing "a lot" of such apparently properly filled out write-in ballots being challenged.

The Alaska Dispatch seems to have a handle on the Miller campaign's game plan at his point.

If each of the ballots the Miller observers challenged Wednesday was, indeed, thrown out and the early rate of unacceptable ballots, as judged by the Miller campaign, were to continue, Miller would be close to having enough votes to win a Senate seat.

So apparently they seem to be banking on the idea that if they just keep randomly challenging votes maybe enough of the challenges will stick to give Miller the victory.  Can you say "pathetic?"

Of course having his minions challenge every other write-in vote is not the only spoiler that Miller and Sarah Palin's attorney have up their sleeve.

(November 10, 2010) - Lt. Governor Craig E. Campbell held a press conference today in Juneau regarding the recent lawsuit filed by U.S. Senate candidate Joe Miller, the write-in ballot count and allegations of bias.

Miller filed suit in Federal Court Tuesday in an effort to stop the write-in count from proceeding alleging voter intent is addressed in Alaska state statute.

"From the beginning, it has been our position that slight misspelling of a write-in candidate's name would count. I have not waivered from this stance. The state will continue its efforts to count write-in ballots, unless we hear otherwise from the courts," Campbell said.

Perhaps my favorite part of this little dramedy is that the judge, Joe Sedwick,  who was originally assigned to oversee Miller's write-in lawsuit had himself taken off because essentially he does not like the little shit.

Here is his recusal:

Plaintiff Joe Miller was once employed by this court as a part-time magistrate judge in Fairbanks. Subsequent to Mr. Miller's appointment to that position, I became chief judge of the district. As a result, I also became Mr. Miller's direct supervisor.

Mr. Miller's service came to an abrupt end when he called me to say that he planned to run for elective office and so would have to resign. Mr. Miller called at about 4:20 PM on the day of his resignation. The process for filling a part-time magistrate judge position is lengthy, a fact well known to Mr. Miller because he had gone through that process. Mr. Miller's failure to give reasonable notice of his resignation left the court with no judicial officer resident in Fairbanks, and no ability to fill the vacancy for many months. This incident caused me to form a negative opinion of Mr. Miller.

As a federal judicial officer, it is my duty to discourage political activity by my family members, and I do so. Nevertheless, members of my family have civil rights which they are entitled to exercise. Following the primary election, my spouse contributed to the write-in campaign of Senator Murkowski.

A reasonable person with knowledge of the above facts would conclude that my impartiality might reasonably be questioned. I recuse. The Clerk of Court will please re-assign this case to another judge.

Ouch!  You know, not that I give a shit, but one has to wonder exactly what kind of employment Miller  will be able to seek when he loses this election, since he seems to be burning his bridges like a pyromaniac on a weekend pass!

Though I guess if the rumors turn out to be true that he could always apply for the job of carrying Sarah Palin's purse.

35 comments:

  1. Anonymous6:06 AM

    Of course miller is lost and none of these things will work.
    But seems to me this miller guy exhibits all the behavior of an amphetamine addiction.
    From how he acted based on reports of supervisors to how he speaks and acts even today.
    If I was a suspicious type that's where I would look to explain this guys behavior.

    ReplyDelete
  2. Anonymous6:07 AM

    Ha, ha! Awesome line Gryphen.

    Amazing that this man is blatantly saying he is challenging the intent of the people on technicalities.

    ReplyDelete
  3. Anonymous6:14 AM

    Joe the Dumber and Bible Spice are done.

    ReplyDelete
  4. Anonymous6:53 AM

    Let's just hope we're not headed here:

    http://www.senate.gov/artandhistory/history/minute/Closest_election_in_Senate_history.htm

    The stories of the challenged ballots got to be hysterical in this one -- both sides claiming an image of Mickey Mouse giving the finger as a vote for them -- one as a mark on his space and the other as a protest against the other.

    ReplyDelete
  5. Anonymous6:54 AM

    It is refreshing to see GOP candidates suppressing Republican votes- freedom's on the march!

    ReplyDelete
  6. So, basically he's saying that what the majority of Alaskan voters really want is not important - only what he wants. Yeah, that's who I want representing me...

    ReplyDelete
  7. Anonymous7:01 AM

    Joe is done as a politician, but he's on the road to fleecing the masses with upcoming celebrity ala Palin. Look at what is on TLC now...Quiverful families beging given TV show deals. And the general public keeps watching, while they amass millions for breeding future Xtian prayer warriors.

    ReplyDelete
  8. Whoa....

    Well, I live in Oregon, so I have no idea how they do things in Alaska....

    But it's an unusual situation when an Oregon judge recuses themself. And when judges do that, there's usually no note or letter--simply a telephone call to a chief judge, and the case is reassigned.

    On those rare cases where there is anything in writing, the letter is a wholly amorphous:

    "...questions have arisen regarding the appearance of a lack of impartiality. Let me stress here there are no allegations of actual unfair bias from any quarter; simply concerns over possible perceptions and/or appearances. This court believes that preventing even the appearance of non-impartiality is sufficiently important to uphold the integrity of the judicial process, I have respectfully requested the Chief Judge reassign this matter....." yadda yadda yadda....

    I have NEVER seen a letter of recusal that goes into any specifics, let alone says:

    "Petitioner used to work for me, and was an extreme shitbag. In fact, Petitioner was such a douche, my family went to the unusual step of actively opposing him. However, because Petitioner is, in point of fact, an asshole (and is viewed as such (ie asshole) by me), this court feels that the court's appearance of complete impartiality could be suspect--particularly given Petitioner's unanswerable propensity to be a weasel dick, and my well known distaste for unapologetic weasel dicks...."

    Which brings a difficult situation for Team Joe.

    Just pulling these numbers out of a hat, let's say for Joe Weasel Dick to prevail, ten percent of the write in votes must be disallowed. If Team Weasel Dick only files objections to (again, just grabbing a number out of the air) eight percent--Joe loses, because even if he wins 100% of his challenges, that's still less than the 10% knock out rate he needs.

    So, Team Weasel Dick makes sure they object to (roughly) 11 to 12% of all ballots--even if a significant portion are clearly acceptable under any standard.

    Assuming the latter course of action (where 10% of write ins need to be knocked out, and Team Weasel Dick strolls into federal court with an 11% objection rate), Joe does have something to lose. Staying with my same made up numbers, if the federal court concludes that of the 11% of challenged ballots, there is no good faith basis to challenge, say, three percent of the 11% (meaning, that even by the most charitable of standards, only eight percent of the total write ins are objectionable--and therefore, Lisa wins regardless of "interpretation" standards), Joe could face some bad news. Federal judges (all judges, really) HATE IT when litigants file bogus, time consuming, and expensive litigation--especially, when there is no good faith basis for the bogusness of the claim.

    Federal Rule of Civil Procedure 11 (I think it's 11) gives judges discretion to award the prevailing party reasonable costs and attorney fees expended in fighting said bogus claim.

    Now, I don't want to shock anyone, but even in the worst case scenario, Team Weasel Dick will raise whatever fees/fines/penalties imposed in less than five minutes.

    What won't wash away so easy, though, is a court finding that Joe is an intellectually dishonest Weasel Dick. And that matters, only in the sense if sticking one fork in Joe Miller's ass (because he's done) is not enough, a second fork in the butt should do the trick......

    Which (and thank you so much to those brave few who have followed this tortured trail to the end) is why I think the Judge went out of the Judge's way to recuse himself: If Joe DOES decide to play fast & loose, Joe (and a certain former governor) won't have any basis to cry victimization it Joe gets kicked in the nuts for such loose & fast playing.....

    ReplyDelete
  9. Molly7:08 AM

    The judge's recusal is unnecessarily lengthy and detailed, yet, for our purposes, highly entertaining!

    Miller is a serial quitter w/o conscience, just like Sarah!!

    ReplyDelete
  10. Anonymous at 6:53--

    I pray to the Cowboy Buddha that I will never, in my life, have to be in a position where I need to claim that a scrawl of Mickey Mouse giving the finger is an endorsement of me or something I believe.

    Please note, however, an exception remains, where Mickey giving me the finger DOES count, if said finger is in response to one of my many (& all too typical) anti-Disney rants...........

    ReplyDelete
  11. Anonymous7:12 AM

    Has this guy had any job where he didn't eventually screw up or screw over the people he works for?

    It really makes you wonder exactly what happened during his military career.

    ReplyDelete
  12. I wonder if Judge Sedwick (hooray for the judge's ethics) would provide some education to Clarence Thomas regarding how family members of justices should behave - such as not involving themselves in political activities. Thomas should have recused himself from the "corporations as people" suit.

    ReplyDelete
  13. emrysa7:17 AM

    challenging the intent of the people... nice guy. trying to dispute "morcowski?" really? that intent is not clear?

    what a slime ball. good luck alaska. I don't like murkowski, but this guy is absolutely horrible.

    it really seems to me that this guy was looking for a cush high-paying job and decided on senator. I think he's concluded that being a lawyer is too much work and is obviously not paying his bills. perhaps he could pay his bills if he used birth control - see joe! sometimes wrecklessly populating the planet can bite you in the ass. reap what you sow, pauper. no sympathy.

    ReplyDelete
  14. BAustin7:19 AM

    love the comments from the judge that recused himself. He could've just said "I was Mr. Millers boss at one time" and left it there. The fact that he slams Joe on the short notice (pretty unprofessional if you ask me) is very telling!!

    Ans lisa winning is gonna make sarah CRAZY!!!
    bwaaaaaahahahahah

    ReplyDelete
  15. Anonymous7:19 AM

    Here's some basic math (although it will still be too complicated for a Palin supporter):

    Murkowski needs about 88.4% of the write-in total to win. After Day 1, she had 89.23% unchallenged. Look for the Miller campaign to increase their rate of challenges from here on, no matter how frivolous. The goal here is to reduce the "unchallenged" vote totals, so that Murkowski will need some of the "challenged" votes to win. Then, it goes to court. This way, if Miller loses (as he certainly will), the Tea-tards will scream that Murkowski stole the election. The "will of the people" is a merely an inconvenience to these asshats.

    ReplyDelete
  16. Yuck! I just love how these Fiscal Conservatives do everything in their power to make the government pay for their bad behavior and poor sportsmanship...how much is this costing the State of Alaska? I can't wait to see a final tally!

    ReplyDelete
  17. Anonymous7:29 AM

    Nominate that judge to the Supreme Court, the next time there's an opening!!

    ReplyDelete
  18. Anonymous7:36 AM

    Is Miller now a candidate for reality tv? He has the qualifications: not learn from mistakes, not admit mistakes, hack others computers, rig votes, bully, uber religious, pro life, not ever at fault for his own actions, and has child sexual issues, unethical, habitual liar? Sounds like right up Mark Burnett's alley! Got to love the Republican leaders and behaviors they model and are entitled to do then lie someone made it up to attack them! Pass the cookies please! More TLC grizzlies coming to a station near you!

    ReplyDelete
  19. Anonymous8:20 AM

    Three important things to say about this post:
    1) Judge Sedwick has integrity. I'm impressed. Not that other Alaskans haven't shown that they are honest but after Sarah Palin, each person who steps up shows that they not only are intelligent but are honest as well - well Alaska needs a bunch of those folks to offset Palin.
    2) Joe Miller is Sarah Palin's kind of guy. Desperate to win. I'm sorry that McAdams didn't win but I'm sure rooting for Lisa MURKOWSKI to win.
    3. Don't come to you to get my taxes done.

    ReplyDelete
  20. Anonymous9:05 AM

    I heard on NPR that Miller's people were actaully challenging "Murkowsky, Lisa"

    ReplyDelete
  21. Anonymous9:28 AM

    A most unusual recusal.

    Judge Joe Sedwick may not be a fan of Joe. He does not need to be to do his job properly. I AM NOW A FAN OF JUDGE SEDWICK.



    Maybe the Judge took note of the FNSB-Miller employment record fiasco and coverup. How many taxpayer dollars did the Joe Miller for Senate campaign WASTE in trying to hide Joe Millers computer tampering? Judge Sedwick has saved the taxpayers dollars in with this well worded recusal.


    The past behavior of Joe Miller should not impact his suit being heard as he is entitled to have it heard. Certainly on appeal the argument might be made that Joe has a hard time getting justice in Alaska. Apparently people are either on the Miller campaign, or think poorly of him. Which fact to a paranoid would be evidence of a plot.(Has there been a former co-worker or supervisor who spoke positively about the experience?)

    Does the past behavior of Joe Miller have anything to do why he is in the position of losing to a write in candidate?

    It is interesting that Governor Palin appointed Joe Miller to the Commission on Judicial Conduct.
    That fact either speaks well of Joe Millers skills and qualifications for the position, or the ability of the former half-of-a-governor and her administration to pick qualified appointees and employees. Perhaps it speaks to both at the same time.

    In any case it did not work out. Governor Palin withdrew that appointment two weeks later.
    Appointment here.

    Withdrawing of appointment here.

    From The Commission's website
    " Alaska's Commission on Judicial Conduct was created by amendment to the state constitution in 1968. The Commission is composed of three state court judges, three attorneys who have practiced law in the state for at least ten years, and three members of the public. This group of nine individuals from differing backgrounds and geographical areas addresses problems of judicial conduct and disability. Complaints alleging judicial misconduct can be filed by any person."

    Perhaps something interesting happened here with this appointment of Joe Miller to the Commission on Judicial Conduct.

    Perhaps it is a coincidence, but this is near in time to when the problems at FNSB were apparently an ongoing issue.
    See records released by FNSB for the details.

    ReplyDelete
  22. Anonymous9:30 AM

    Good point, Wavelength. However, Justice Thomas isn't the only U.S. Supreme Court Justice who needs lessons in judicial ethics from Judge Sedwick.

    Scalia is one scummy Justice. He socializes with parties he rules for - oh, and did you see the article on HuffPo this week on Justice Alito?

    Seems Alito has decided he, like Scalia, is a supreme arbiter of what is ethical or not --- he attended a conservative fundraiser. He sees nothing wrong in getting cozy with the far right and helping them raise money even though many of their nearest and dearest issues are coming up on the docket in the near future.

    So - Thomas (whose wife heads up a Tea Party organization), Alito (who attends and assists fundraising for the far-right), Scalia (who has never seen a wealthy conservative who wines and dines him that he doesn't like), and Roberts (who broke with protocol to bring up the Citizens United case in the first place) are Justices who need to be removed or whose recusal from sensitive cases needs to be demanded.

    We have some very fine Justices on the U.S. Supreme Court, who like Judge Sedwick, follow ethical guidelines, but the four I mentioned are not amongst them and are undermining the integrity of the Court.

    Praise be to Judge Sedwick for this demonstration of what judicial ethics should be.

    ReplyDelete
  23. Anonymous9:36 AM

    I am all for a candidate in a tight race fighting for the rights of the people who voted for him. However, there comes a point when a candidate can cross over from being a champion for the voters to a simply being a clown. Joe has crossed that point.

    Not surprising, really. He's Sarah's hand-picked baby boy. He shares the same delusional entitlement complex, the same overblown ego, and the same fear-driven ambition. My, my, Sarah sure knows how to pick them, doesn't she? There must be a checklist for bad sports, angry egotists, and overall losers that she uses to select candidates.

    We are very lucky that so few of her chosen people won their races. Hopefully, this vote count and its subsequent recount (if Miller has grounds to demand it) will not last long and this particular fiasco will be over soon.

    ReplyDelete
  24. Anonymous9:41 AM

    If everyone of the people voting for Lisa had simply filled in the oval next to Scott McAdam's name, this wouldn't be a problem.

    ReplyDelete
  25. Anonymous10:05 AM

    Dear People of Alaska: Hi. Please make sure that this nutball does not get to be a senator. I know that technically he'll be representing you and you have every right to choose whoever you'd like, but...this person will also be passing laws that affect me and my skin crawls at the thought of this power-mad, whiny little biyotch being a hair's width from real power. Thanks.

    ReplyDelete
  26. Anonymous10:19 AM

    It is usually very difficult for a write-in candidate to win because the voter has to exert some extra effort in that he/she has to write out the candidate's name as opposed to just checking it off. If Lisa pulls this off then it will be quite a feat. I also think that she has cajones and staying power and this is why Sarah does not scare her. For all of these reasons I believe that she merits serious consideration for placement on the 2012 GOP ticket. Go Lisa!

    ReplyDelete
  27. DEVELOPING: Joe Miller sues Palm Beach County, arguing votes for Al Gore should be counted for him.

    Might as well, with Van Flea Bag for a lawyer all things are possible........lol

    ReplyDelete
  28. No wonder Joe MilLiar and our Governot Quittertwit are such BFFs - they are both good at scamming entitlements they insist others shouldn't get then leaving everyone in the lurch.

    ReplyDelete
  29. Anonymous10:41 AM

    9:36

    Clown was a long time ago.

    This candidate has long since promoted himself to ASSCLOWN.

    ReplyDelete
  30. Anonymous12:29 PM

    That was some serious smack-down from his former supervisor. Ouch.

    After Sarah Palin, I thought it would be hard to find a person of more loathsome a character seeking political power or influence in the State of Alaska.

    I was wrong. Miller is scum and lacks the most basic decencies.

    ReplyDelete
  31. Anonymous12:39 PM

    I think he is gaining ground on Sarah for pettiness.

    Since both he and Lisa are fighting like children I think both should be disqualified and the win should go to Scott McAdams.

    Damn, if only it was that easy.

    ReplyDelete
  32. Anonymous7:43 PM

    Just read Miller challenged a perfectly spelled vote for Lisa Murkowski - because the voter used cursive writing for the "L." What a despicable piece of work. And this is who Palin questions if Alaskans are worthy of tying his combat shoelaces???

    ReplyDelete
  33. Anonymous7:47 PM

    The only reason Miller is dragging this futile exercise out is to pull in more cash to his new recount fund. Now that his dream of getting lifetime benefits for being a Senator has gone up in smoke, I guess he's gonna need the money!

    ReplyDelete
  34. Anonymous10:39 PM

    I truly believe that Joe believes this is his only way to salvation and out of bankruptcy. And that is why he is pulling out all the stops.

    At least after the election, he will honestly qualify for an indigent hunting and fishing license.

    KARMA!

    Rick

    ReplyDelete
  35. Anonymous7:12 AM

    Agree with emrysa, that Miller doesn't care about the intent of the people who voted. He cares about HIMSELF & winning, even if he makes a fool of himself in the process. It's pretty obvious with a name like Murkowski, even if one letter is spelled wrong, who the vote was cast for.

    ReplyDelete

Don't feed the trolls!
It just goes directly to their thighs.