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Hali Denton's been counting ballots in Alaska for 36 years and found the media attention overwhelming. Still, she sees the hoopla as a positive thing: "We run really clean elections," said the 57-year-old retired state worker, TV cameras and a row of reporters behind her. "This is Juneau, Alaska. This isn't Caracas," said John Tiemessen, a Miller attorney. "I would've been shocked if there would've been anything interesting" broadcast from this. Fenumiai was generous in crediting misspellings to Murkowski's tally, drawing objections from Miller observers. She said if the name written was phonetically similar to Murkowski's, it would count. "We're applying the statutory definition and going with that," said a Miller observer, AJ Ferate, of Oklahoma City. Murkowski spokesman John Tracy suggested some of the challenges were frivolous. "This isn't supposed to be a penmanship test," he said. Tracy figured Miller needed one in nine ballots thrown out to have a shot. Miller spokesman Randy DeSoto said the campaign was determined to see the counting process through. The count began as planned in spite of a lawsuit filed Tuesday by Miller, seeking to prevent the state from using discretion in determining voter intent on individual ballots. Miller's attorney, Thomas Van Flein, said he wants to ensure a fair count.
A judge on Wednesday refused to stop the count while Miller's complaint is being considered and set briefing schedules for next week. Miller maintains election law must be upheld in scrutinizing the ballots, meaning the ballots must have the oval filled in and either "Murkowski" or "Lisa Murkowski" written next to it to be a valid vote for Murkowski. But election officials pointed to past case law in declaring their plans to use discretion in determining voter intent on ballots where voters misspell Murkowski's name, with a ruling coming from Fenumiai, with input from a state attorney. Officials have said they do not want to disenfranchise anyone. The recourse for challenges is court, with the deadline to file a case next month.
[Associated
Press;
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