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MILLER v. TREADWELL

Nos. S-14112, S-14121.

245 P.3d 867 (2010)

Joe MILLER, Appellant, v. Mead TREADWELL, in his official capacity as Lieutenant Governor, State of Alaska, Division of Elections, and Lisa Murkowski, Appellees. Lisa Murkowski, Cross-Appellant, v. Joe Miller, Mead Treadwell, in his official capacity as Lieutenant Governor, State of Alaska, Division of Elections, Cross-Appellees.

Supreme Court of Alaska.

December 22, 2010.

Attorney(s) appearing for the Case

Thomas V. Van Flein , Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC, Anchorage, and Michael T. Morley , pro hac vice, Washington, D.C., for Appellant and Cross-Appellee Miller.

Joanne M. Grace and Laura F. Fox , Assistant Attorneys General, Anchorage, and Richard A. Svobodny , Acting Attorney General, Juneau, for Appellees and Cross-Appellees Treadwell and State of Alaska, Division of Elections.

Timothy A. McKeever and Scott M. Kendall , Holmes Weddle & Barcott, Anchorage, for Appellee and Cross-Appellant Murkowski.

Thomas P. Amodio , Reeves & Amodio, LLC, Anchorage, for Amicus Curiae Alaska Federation of Natives.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and CHRISTEN, Justices.

OPINION

PER CURIAM.

I. Introduction

This case presents several issues of constitutional and statutory interpretation that arise from the count of votes following the 2010 election for one of Alaska's two seats in the United States Senate. Two of the contestants for that seat — Joe Miller, the Republican nominee, and Senator Lisa Murkowski, running as a write-in candidate — are parties to the lawsuit. Without seeking a recount...

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