(CNN) - The country's last undecided Senate election arrived in state court Monday when Alaska Republican Joe Miller sued the state over how write-in ballots for his Republican rival, write-in candidate Sen. Lisa Murkowski have been counted.
Miller's lawsuit was originally filed in federal court, but a judge ruled Friday that it was instead a matter for the state court to decide. However, he did grant a temporary injunction halting certification of the Senate election.
The incumbent Murkowski launched a write-in bid for the Senate seat after she lost the Republican primary to Tea Party-backed Miller.
The Miller campaign is now challenging the Division of Election's decision to ensure the state law is followed, which calls for write-in votes to match the name of the candidate. He has argued that Alaska law does not allow the counting of misspelled names on write-in ballots. The Division of Elections set guidelines before counting began that allowed for a voter's intent to be considered when determining whether to count a ballot for a write-in candidate.
After the court rules, the campaign has said it wants a hand count of the ballots.
"We have consistently stated that the rule of law has to be followed," Miller said in a statement Monday. "State law is not a lunch menu where the Lt. Governor can pick and choose which laws he likes and will follow and which ones he doesn't like."
The Associated Press called the race for Murkowski last week when she had a 10,328-vote lead over Miller, a figure that includes the 8,159 ballots contested by Miller observers. Not including those ballots, she has a 2,169-vote lead.
–CNN Political Coverage Manager Steve Brusk contributed to this report