Fairbanks, AK – Republican hopeful Joe Miller, who beat the RINO Lisa Murkowski in the primary, beat her again today in Alaska federal court when Judge Ralph R. Beistline ruled that Miller had raised substantial questions in his request for a federal stay – including constitutional questions over which Judge Beistline retained continuing jurisdiction.
Assisting Joe Miller’s efforts is California attorney Gary G. Kreep who is also the head of the Republican Majority Campaign PAC and, as well, the United States Justice Foundation – under which banner Kreep has been suing Hussein Obama over his lack of citizenship and birth certificate. Kreep, while recovering from a massive heart attack and open-heart surgery, was so incensed by what the Murkowski machine was doing in the Alaska polling places, left from Southern California to help count contested votes in the cold clime of polar bears, carribou and cheating Murkowski supplicant.s
The Court Proceedings:
Mr. Miller also asked the Court to enjoin the Defendants from certifying the results of the 2010 general election for the office of U.S. Senator and prohibit the Division from accepting as valid any write-in votes in which a candidate’s name is misspelled or is not written on the ballot as it appears on the candidate’s write-in declaration of candidacy.
Miller asked the Court to order the Alaskan officials, Lt. Governor Craig Campbell and the State’s Division of Elections, to count write-in ballots as set forth in Alaska Statutes 15.15.360(a)10, (a)(11) and (b), without deviation.
In making this latter request, Miller asked the Court to determine purely Alaska law, i.e. how this Alaska Statute should be applied to the current dispute. More specifically, Miller contended that if candidate Murkowski’s name is misspelled on the write-in ballot or deviates in any way from the manner the name appeared on the declaration of candidacy, that ballot should not be counted.
The judge states that such is certainly one very possible interpretation of the disputed statute but said that Campbell contended, however, that if the spelling of “Lisa Murkowski” or “Murkowski” is such that the voter’s intent to vote for candidate Murkowski is clear, that should be sufficient and the ballot should be counted for her. This too is a viable interpretation of the disputed statute according to the judge.
The judge declared that, “issue now is who should properly determine the answer to this question, the Federal Court or the State Court? And the answer appears clear to th[is court]. This is a State-wide election, conducted under State law, involving State candidates and impacting State citizens. The Courts of the State of Alaska are in the best position, at least initially, to apply Alaska law and to determine who won this election. While it is not the role of the State Court to ignore or re-write the law, it certainly can interpret it when necessary. Therefore, prudence, propriety, principles of judicial restraint, and a desire to avoid unnecessary constitutional adjudication lead this Court to abstain1 from resolving the current dispute and refer the parties to the appropriate State tribunal. The Court is confident that the Courts of Alaska can quickly address and resolve these matters. So long as the United States Constitution is not violated, this really is a State matter. Therefore, this matter is… hereby STAYED so that the parties may bring this dispute before the appropriate State tribunal.”
The Court then ruled that it retained jurisdiction pursuant to federal case law and would remain available to review any constitutional issues that may exist once the State remedies have been exhausted.
It was on that basis that the court ordered, in order to ensure that these serious State law issues are resolved prior to certification of the election, the Court granted Miller’s motion to enjoin certification of the election stating, “If an action is filed in State Court on or before November 22, 2010, the results of this election shall not be certified until the legal issues raised therein have been fully and finally resolved.”
Testimony of Gary G. Kreep, Esq.
Kreep testified that on November 10, 2010 he was an observer at table 2 and declared, “The ladies at my table who were there on behalf of the Division of Elections told me at at their briefing by Department of Elections (“DOE”) prior to the start of counting, that it was ‘”the law” that as long as 3 or less letters in the name were incorrect, the ballot had to be accepted.”
Then, on November 11, again at table 2, Kreep wrote that he observed, “…[that] Gail Fenumiai came over to view the challenged ballots at my table for one precinct. She took 3 of the ballots away from the table so that she could discuss them with her staff. While simply sitting there, I could overhear what they were discussing. The male attorney, Mike, told Gail that there were 3 syllables in Murkowski, and as long as 2 of the syllables were ok, she should over-rule the challenge. The spelling of Murkowski, according to the context of the comment, is meaningless to the DOE, as long as the sounds are there it seems, despite the previous statement to me, made many times, from the 2 ladies counting at my table that they had been told at their briefing by the DOE staff, prior to the start of counting, that is was ‘the Law’ that as long as 3 or less letters in the name were incorrect, the ballot had to be accepted.”
Kreep continued, that on November 12, he “… was an observer at Table 2 and personally heard Gail approve the following spellings as valid for Lisa Murkowski: McKoskie, McKowskie, Murowski, Merkouski, Murkaski and Mursowski.
On November 13, Kreep challenged an entire precinct due to egregious counting methods being employed by the Alaska DOE. Even though it was a small one, with a total vote of just 45, there were 27 unchallenged and 2 challenged ballots for Ms. Murkowski in this precinct and there were missing ballots which the DOE could not find.
The most egregious case found by Kreep was the allowance by the DOE of “Mulkalkie” as a valid ballot for Murkowski, thus eviscerating the law of the State of Alaska that a write-in candidate’s name had to be spelled correctly. It does not appear that there is a smidgeon of difference between Old Guard Republican politics than those of the Chicago-based machine of Hussein Obama.
Other reports have come in that entire precincts voted 100% – in other words, every registered voter actually voted AND they all voted for Lisa Murkowski.
This is how Reid beat Angle, Grijalva beat McClung and Sanchez beat Tran. How much more of this election fraud is America going to take?