Miller v. Lieutenant Governor Craig Campbell et al

Filing 33

MOTION for Preliminary Injunction Amended by Joe Miller. (Attachments: # 1 Proposed Order)(Van Flein, Thomas)

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Miller v. Lieutenant Governor Craig Campbell et al Doc. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Thomas V. Van Flein Clapp, Peterson, Van Flein, Tiemessen & Thorsness LLC 711 H St., Suite 620 Anchorage, Alaska 99501-3454 Phone: (907) 272-9228 Facsimile: (907) 272-9586 E-mail: tvf@akcplaw.com Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF ALASKA JOE MILLER, ) ) ) Plaintiff, ) ) v. ) ) LIEUTENANT GOVERNOR CRAIG ) CAMPBELL, in his official capacity; ) and DIVISION OF ELECTIONS, ) STATE OF ALASKA, ) ) Defendants. ) _________________________________ ) Civil Action No: 3:10-CV-00252 (RRB) Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC 711 H Street, Suite 620 Anchorage, Alaska 99501-3454 (907) 272-9272 fax (907) 272-9586 15 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S AMENDED MOTION FOR PRELIMINARY INJUNCTION Plaintiff Joe Miller, by and through undersigned counsel, hereby amends his Motion for Preliminary Injunction, based on recent events. Because Defendants already have finished, or are nearly finished with, their initial count of write-in votes in the 2010 general election for U.S. Senate, Plaintiff Miller must amend the relief he is seeking from this Court. Amended Motion for Preliminary Injunction Miller v.Campbell, No. 3:10-CV-00252 (RRB) Page 1 Dockets.Justia.com 1 2 3 4 5 6 7 Plaintiff Miller respectfully moves this Court for a preliminary injunction prohibiting Defendants from: 1. certifying the results of the 2010 general election for the office of U.S. Senator based on a count in which write-in votes were accepted as valid, on which the candidate's name was misspelled, or was not written on the ballot as it appeared on the candidate's write-in declaration of candidacy; or 2. accepting as valid any write-in votes in which a candidate's name is 8 9 10 11 12 13 14 misspelled, or is not written on the ballot as it appears on the candidate's write-in declaration of candidacy, in any further counts or recounts of the ballots in the 2010 general election for the office of U.S. Senator. Plaintiff Miller also wishes to clarify that the relief that he seeks would not apply to any federal write-in absentee ballots, cast in compliance with the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 42 U.S.C. 1973ff, et seq., as that statute (unlike the Alaska law that generally applies to write-in ballots, Alaska Stat. 15.15.360) expressly allows such ballots to be counted if they contain minor misspellings or variations on candidates' names. Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC 711 H Street, Suite 620 Anchorage, Alaska 99501-3454 (907) 272-9272 fax (907) 272-9586 15 16 17 18 19 20 21 22 23 24 25 26 Amended Motion for Preliminary Injunction Miller v.Campbell, No. 3:10-CV-00252 (RRB) Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 The Memorandum of Points and Authorities Plaintiff filed with his original motion, and the Reply Brief Plaintiff is filing concurrently, establish that Plaintiff is entitled to this relief. DATED at Anchorage, Alaska, this 18th day of November 2010. CLAPP, PETERSON, VAN FLEIN, TIEMESSEN & THORSNESS, LLC Attorneys for Plaintiff Joe Miller By: /s/ Thomas V. Van Flein Thomas V. Van Flein, #9011119 Certificate of Service: The undersigned hereby certifies that a true and exact copy of the foregoing was served this 18th day of November 2010 via: ( ) First Class Mail ( ) Hand-Delivery ( ) Facsimile ( ) E-Mail (X) ECF to the following listed individual(s): Michael Barnhill Sarah Felix Margaret Paton-Walsh Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC 711 H Street, Suite 620 Anchorage, Alaska 99501-3454 (907) 272-9272 fax (907) 272-9586 15 16 17 18 19 20 21 22 23 24 25 26 By: /s/ Thomas V. Van Flein Thomas V. Van Flein Amended Motion for Preliminary Injunction Miller v.Campbell, No. 3:10-CV-00252 (RRB) Page 3

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