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)

Download PDF
Miller v. Lieutenant Governor Craig Campbell et al Doc. 33 Att. 1 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 PROPOSED ORDER GRANTING PLAINTIFF'S AMENDED MOTION FOR PRELIMINARY INJUNCTION Having considered Plaintiff Joe Miller's Amended Motion for Preliminary Injunction, the Memorandum of Points and Authorities and Affidavit filed in support thereof, Defendants' Motion to Dismiss and Opposition Memorandum and supporting affidavits, Plaintiff Miller's Reply and Opposition to Defendants' Motion to Dismiss and Proposed Order Granting 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 supporting affidavits, and for good cause shown, on this _____ day of November, 2010, this Court hereby: FINDS that Plaintiff Miller is likely to succeed on the merits of his claims, he will suffer irreparable injury in the absence of a Preliminary Injunction, the balance of equities tips in his favor, and a Preliminary Injunction is in the public interest; ORDERS that Plaintiff's Amended Motion for a Preliminary Injunction is GRANTED, pursuant to Fed. R. Civ. P. 65(a); 8 9 10 11 12 13 14 FURTHER ORDERS that Defendants Craig Campbell and the Division of Elections, State of Alaska are hereby ENJOINED from 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; FURTHER ORDERS that Defendants Craig Campbell and the Division of Elections, State of Alaska are ENJOINED from accepting as valid any write-in votes in which a candidate's name is 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; FURTHER ORDERS that Defendants shall count write-in ballots in compliance with the requirements set forth by the Alaska Legislature in Alaska Stat. 15.15.360(a)(10), (a)(11), and (b), without deviation or exception; 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 Proposed Order Granting Amended Motion for Preliminary Injunction Miller v. Campbell, No. 3:10-CV-00252 (RRB) Page 2 1 2 3 4 5 6 7 FURTHER ORDERS that nothing in this Order shall apply to any federal write-in absentee ballots cast in compliance with the Uniformed and Oversees Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq.; and FURTHER ORDERS that this Preliminary Injunction shall remain in effect until the conclusion of a trial on the merits of this matter, at which time it shall be converted into a Permanent Injunction, modified, or vacated. SO ORDERED. 8 9 10 11 _______________________________ United States District Judge Certificate of Service: 12 13 14 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 Proposed Order Granting Amended Motion for Preliminary Injunction Miller v. Campbell, No. 3:10-CV-00252 (RRB) Page 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?