Joe Miller Sues Over Write-in Ballots

ABC News' Huma Khan reports: Republican Senate candidate Joe Miller filed a lawsuit Tuesday night to block the elections division from counting write-in ballots with misspelled or incomplete names.

There were more than 92,500 votes cast for write-in candidates, which include incumbent Sen. Lisa Murkowski. Write-ins received 40.2 percent of the vote while Miller got 35.3 percent.

The Alaska Division of Elections maintains that as long as a ballot represents "voter intent," it will be counted.

Sarah Palin-backed Miller has argued against counting names that are misspelled or written incorrectly, and claimed in the lawsuit that the elections division unconstitutionally overrode legislative standards.

"It is our view that the state improperly deviated from the text of the statute, and is substituting a subjective 'voter intent' standard and essentially repealing the legislative objective standard sub silentio," said Miller's attorney Thomas Van Flein.

Miller's campaign has requested a hearing today.

Both Miller and Murkowski’s campaigns were bracing for legal challenges well ahead of the ballot counting, which is slated to begin today. Murkowski announced Friday that she had assembled a legal team and set up a legal fund. Miller got help from the National Republican Senatorial Committee, which sent an e-mail to donors asking them to fund his campaign.

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