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)

Miller v. Lieutenant Governor Craig Campbell et al

Doc. 33 Att. 1

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Thomas V. Van Flein Clapp, Peterson, Van Flein, Tiemessen & Thorsness LLC 711 H St., Suite 620 Anchorage, Alaska 99501-3454 Phone: [phone] Facsimile: [phone] E-mail: [e-mail] 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 [phone] fax [phone]

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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

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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);

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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 [phone] fax [phone]

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Proposed Order Granting Amended Motion for Preliminary Injunction Miller v. Campbell, No. 3:10-CV-00252 (RRB) Page 2

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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.

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_______________________________ United States District Judge
Certificate of Service:

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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 [phone] fax [phone]

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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