(CNN) - Republican Senate candidate Joe Miller's challenge in the Alaska Senate race now moves to the state Supreme Court where oral arguments are scheduled to begin on Friday, following a new appeal by Miller's campaign.
Miller on Monday filed to appeal a ruling by an Alaska superior court judge which denied his challenge of ballots awarded to Republican Sen. Lisa Murkowski, who ran as a write-in candidate.
In a statement regarding the appeal, Miller Monday said, "We have consistently asserted that the law should be followed strictly. The fact that the legislature stated that there should be "no exceptions" to the ballot counting method is what, in our view, should govern this matter. Under the current ruling, there are now over 8,000 exceptions, a result everyone who favors the rule of law should question."
After the election, Miller filed a challenge against the Division of Elections to ensure the state law, which calls for write-in votes to match the name of the candidate, was followed. He has argued that Alaska law does not allow the counting of misspelled names on write-in ballots. However, 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.
Murkowski launched a write-in bid following her loss to Miller, a Tea Party favorite, in the state's August 24th primary.
Last week, a superior court judge ruled that Miller did not provide proof of election official fraud, or that "there would be a sufficient change to the election results if these claims were true."
Murkowski, who has already claimed victory in the race, has asked for an expedited decision. The Associated Press called the race for Murkowski last month 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.
Miller has refused to concede despite the projections of Murkowski's win and calls from some Republican leaders asking him to end his bid.
– CNN Deputy Political Director Paul Steinhauser contributed to this report.
Can we say "sore loser"? Do the math Mr. Miller...even if you exclude the 8000+ She still wins! Get over yourself. You lost! Move on and cause trouble for someone else.
I thought Miller was all about "the will of the people." Alaskans have spoken – and they didn't say your name.
Do us all a favor, Joe, and go home and take an extended vacation on a north-bound ice flow ...
Just do what Palin does and quit. You lost, get over it.
Ya,.....the heck with voters intentions I think there is still a loophole we can use legally to drag this on a while longer.
What a sore loser. Speaks volumes about Miller and his Tea party cronies.
When are you going to man -up you lost. It must be nice to use someone else money. because we know that you are not paying for It.
Does Miller really want to be the guy that is known for winning the election by stomping his foot and holding his breath until everybody gives in? It is obviously clear that he refuses to be the guy who lost to a write-in candidate regardless of the fact that she has enough votes to win without the votes he's contesting. What is it with these stubborn, ignorant fools who want to lead us backwards into the future?
Man, those drapes he bought too early are starting to get really expensive, eh?
Give it up already boy.. you lost
So much for fiscal conservatism. I thought this guy wanted less government. Does he not know that the Judicial system is a portion of the government? He is wasting the Court's time and resources on a frivilous claim that, even if he prevails, will not get him a Senate seat. So much for his idealism. I hope the good people of Alaska are paying attention. It's your money and resources he is wasting. I guess we are seeing the true side of Mr. Miller (who will never be Senator Miller).
Go home Joe. It's over and you lost!!
Trying to steal an election like Bush.
Bud, get a grip here. There's a new reality show out there called "LIsa Murkowski's Alaska". Tune in.
How can Miller afford all of these challenges? He is an unemployed lawyer who may face losing his license.