Federal judge throws out lawsuit, ending Alaska Senate fight

A federal judge has tossed out Joe Miller’s lawsuit challenging Sen. Lisa Murkowski’s write-in victory in last month’s Senate race, clearing the way for Murkowski to be sworn in with the rest of the 112th Congress on Jan. 5. 

The federal lawsuit was Miller’s last legal option after the Alaska Supreme Court ruled against him. 

U.S. District Judge Ralph Beistline said in a 14-page order that Miller wasn’t raising any federal issues in his lawsuit that needed to be resolved. He also wrote that he would not second-guess the state’s Supreme Court, according to a report in the Anchorage Daily News.

Beistline also lifted his block on the election’s certification.

“It feels great to be in a position where the state can now officially declare Sen. Murkowski the
winner of the election,” said Murkowski campaign manager Kevin Sweeney. “We are now just one
step away from this election’s conclusion. We anticipated Judge Beistline’s order for immediate
certification and applaud his recognition that Joe’s claims were entirely without merit.”

Earlier on Tuesday, Alaska election officials filed papers asking to certify the Senate race Tuesday so that Murkowski could take office. 

“The logistics of the certification process require a quick decision,” the state said in newly filed court documents, according to NBC’s First Read. 

Senate rules require that the certification be delivered before noon on Jan. 3. The certification document must be signed by both Alaska’s governor and lieutenant governor, who live in different cities. Officials plan to have both Gov. Sean Parnell and Lt. Gov. Mead Treadwell in Juneau on Thursday to sign the papers, according to the Alaska Dispatch.

Miller agreed late Sunday not to block certification after Alaska’s Supreme Court rejected his lawsuit. Murkowski, who leads by 10,328 votes, would win by more than 2,000 votes even if the courts threw out all the challenged votes. 

Miller, who was backed by the Tea Party movement, had bested Murkowski in August’s Republican primary before falling to her write-in bid in November.

This story was posted at 11:52 a.m. and updated at 6:37 p.m. and 8:22 p.m.