Attorneys for Murkowski said her seat will be vacant and Alaska will have only one senator if she's not seated on time.Joe Miller's frivolous lawsuit is threatening Alaskan representation, and not only that, Miller appears to be delusional, insisting that he could win - he has claimed everything from voter fraud to smiley faces invalidating ballots.
"There are numerous critical issues facing our nation and Alaskans deserve to have full representation in the United States Senate," attorney Scott M. Kendall wrote in a motion to intervene in the lawsuit.
He warned that Murkowski would have a gap in service if she's not seated and she would lose her seniority.
"She would go from her current rank of 43rd to 100th," he said.
Miller claims he still has a chance to overtake Murkowski. He has raised allegations of election fraud, claiming voters may have been allowed to take ballots even if they did not have identification or were not personally known by election workers. He said that in several precincts, handwriting samples indicate the same person or a small group of people wrote in names on multiple ballots.Joe Miller - Alaska has spoken. Shut up and go away!
Murkowski attorney Kendall argued in his motion that Murkowski deserves to be a party to the lawsuit and has already defeated Miller.
Miller, he said, had observers at each counting table as well as attorneys and supervisors in the room. Miller representatives were able to challenge ballots for any reason, he said, and for no reason.
"Only some of Miller's challenges were based on a misspelling of Sen. Murkowski's name," he said. Others were challenged because voters wrote "Murkowski, Lisa," or added the party affiliation "Republican," or wrote "L. Murkowski."
Some ballots were challenged, he said, because they included an extraneous mark, such as an exclamation point, a heart or a happy face, or because of any correction on the ballot – a misspelling crossed out and then correctly spelled.
Some ballots were challenged because of what Miller observers deemed "poor handwriting," Kendall said.