Miller v. Lieutenant Governor Craig Campbell et al

Filing 43

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

Miller v. Lieutenant Governor Craig Campbell et al

Doc. 43 Att. 1

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Thomas V. Van Flein

John Tiemessen
Clapp, Peterson, Van Flein, Tiemessen & Thorsness LLC 711 H St., Suite 620 Anchorage, Alaska 99501-3454 Phone: [phone] Facsimile: [phone] E-mail: [e-mail] Michael T. Morley 616 E St. N.W #254 Washington, D.C. 20004 Phone: [phone] Facsimile: [phone] E-mail: [e-mail] Application for pro hac vice admission pending Attorneys for Plaintiff Joe Miller UNITED STATES DISTRICT COURT DISTRICT OF ALASKA ) JOE MILLER, ) ) Plaintiff, ) ) v. ) ) LIEUTENANT GOVERNOR CRAIG ) CAMPBELL, in his official capacity; ) and the STATE OF ALASKA, ) DIVISION OF ELECTIONS, ) ) Defendants. ) ___________________________________ ) Civil Action No: 3:10-cv-252 (RRB)

PROPOSED ORDER GRANTING PLAINTIFF'S SECOND MOTION FOR PRELIMINARY INJUNCTION

Proposed Order Granting Plaintiff's Second Motion for Preliminary Injunction Miller v. Campbell, Case No. 3:10-CV-252 (RRB) Page 1 of 3

Dockets.Justia.com

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Having considered Plaintiff Joe Miller's Second Motion for Preliminary Injunction, the Memorandum of Points and Authorities and Affidavits filed in support thereof, any Opposition thereto, any Reply, 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 Motion for a Preliminary Injunction is GRANTED, pursuant to Fed. R. Civ. P. 65(a); FURTHER ORDERS that Defendants Craig Campbell, Lieutenant Governor, and State

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of Alaska, Division of Elections (hereafter, "Division") are hereby ENJOINED to: 1. ensure that an appropriate employee of the Division, or the Director of the

Division, personally reviews each vote in the 2010 general election for U.S. Senate: a. b. c. that was rejected by an automated tally machine, on which the voter did not attempt to vote for a write-in candidate, and on which the voter did not write in the name of a candidate,

to determine whether the markings are sufficiently clear to allow the ballot to be counted, based on the same criteria that were applied in determining the validity of write-in ballots; 2. accept as valid and count any such ballots; and

Proposed Order Granting Plaintiff's Second Motion for Preliminary Injunction Miller v. Campbell, Case No. 3:10-CV-252 (RRB) Page 2 of 3

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3.

refrain from certifying the results of the 2010 general election for U.S. Senate

unless and until such hand count and manual review occurs, and the results of such hand count and manual review are included in the official tallies and results; 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.

________________________________ United States District Judge

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Certificate of Service: The undersigned hereby certifies that a true and exact copy of the foregoing was served this 19th 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

By: /s/ Thomas V. Van Flein__ Thomas V. Van Flein

Proposed Order Granting Plaintiff's Second Motion for Preliminary Injunction Miller v. Campbell, Case No. 3:10-CV-252 (RRB) Page 3 of 3