(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.