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November 21, 2024

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The Alaska Senate Race – It Ain't Over Yet…

The following was just released from the Joe Miller campaign:

Today the U.S. Federal District Court in Anchorage ordered the U.S. Senate race not to be certified until vital legal issues are resolved. The Court recognized serious statutory matters have been raised by Joe Miller concerning what standard of review should be used to count the write-in ballots. The Miller campaign has consistently held that the state law must be applied, as written. Its provisions could not be clearer: “A vote for a write-in candidate…shall be counted if the oval is filled in for that candidate and if the name, as it appears on the write-in declaration of candidacy of the candidate or the last name of the candidate is written in the space provided” and, “The rules set out in this section are mandatory and there are no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.” The Division of Elections chose to ignore that clear standard and instead issued new guidelines concerning “voter intent” only 36 hours before ballot review began.

Federal District Judge Ralph Beistline in his ruling held, “In order to ensure that these serious State law issues are resolved prior to certification of the election, the Court hereby conditionally grants Plaintiff’s motion to enjoin certification of the election.” The Judge added, “[T]he results of this election shall not be certified until the legal issues raised therein have been fully and finally resolved.”

Joe Miller reacted to the ruling saying, “I am gratified to have Judge Beistline recognize that we have raised vital questions concerning the ballot review in this election. It is critical that these issues be resolved not only for this election, but for future ones in Alaska, as well. We are a nation of laws, and the law concerning this could not be clearer. We need the state law applied consistently to all ballots cast. We look forward to the state court’s interpretation of the relevant laws consistent with what the people of Alaska enacted through their state legislature.”

An earlier release referenced an affadavit from former Lt. Governor Loren Leman.

Leman stated in his affidavit: “If an election had been held during my tenure as Lieutenant Governor which write-in votes had to be counted, I would have directed the Division Director to follow a strict interpretation of election law, and let a Court direct otherwise if a candidate and the Court disagreed with the Division’s analysis.” He went on further to state: “Under my direction the Division would not have counted a write-in vote or accepted it as valid unless the candidate’s name was written correctly on the ballot, using the last name or the name as it appeared on the candidate’s write-in declaration of candidacy. The Division likewise would not have counted marred or otherwise damaged ballots.”

What will happen?  Well, since federal law (Voting Rights Act) trumps all, and voter intent is the supreme law of the land, and especially taking into account the huge number of non-native speakers of English that will come into question… it seems likely that this won’t stick. 

And there don’t seem to be any further developments in the request of the campaign for information from the Division of Elections to be used in reconciling the vote count of the (proven to be unreliable and not secure) Diebold scanners.

According to the Anchorage Daily News:

The target date for certifying the race is Nov. 29. A recount can then be requested by Dec. 4.

And as for the recount?  Miller says that after the state rules on a standard by which the ballots will be counted, he wants a hand count.  So do those from across the political spectrum who have been watching anomalies, inconsistencies and strangeness in the 2004, 2006 and 2008 elections.

“It is critical that these issues be resolved not only for this election, but for future ones in Alaska, as well,” [Miller} said. “We are a nation of laws, and the law concerning this could not be clearer. We need the state law applied consistently to all ballots cast.”

Miller declined to say how far he would take his case if he lost in state court.

Lisa Murkowski, who declared victory this week is “back at work and focused on representing all Alaskans for the next six years.”

Comments

comments

Comments
39 Responses to “The Alaska Senate Race – It Ain't Over Yet…”
  1. 24owls says:

    So Joe who has so many questions about his “letter of law” regarding his hunting lisence, his wife’s unemployment checks, his computer vote fixing on his “lunch break”, deleting stuff by mistake on town computers, some land that was or wasn’t his so he didn’t have to pay taxes, his military whatever happened or didn’t, and all this from a guy that wants to use the letter of the law for his Senate bid. Dear Alaska – nail him with the letter of the law, something you have yet to do with Palin – until he is cleared of all his other “letter of the law” misconducts then why is he even given the time of day to drag this senate bid any further?

    • Cammie says:

      I know, imagine someone who was busted less than two years ago for casting fraudulent votes from his co-workers’ computers – complaining about voting integrity!

  2. just sayin' says:

    I think it’s great that he is challenging the voting system up here. I have for years suspected it was fixed, and now maybe there is some revelation at hand…still the officials are skirting around, like comparing 5% of the ballots cast to actual sign ins, what is up with that? Keep it up, lets find out who really calls the shots up here, the machine or the people. This alone makes his candicacy a good one, to hold to the law, or not?

  3. Sarafina says:

    What I know of Alaska comes mainly from reading Dana Stabenow and John Straley. I did spend the weekend in Anchorage a couple of years ago. The news (to me) that Diebold machines are used and irregularities have been noted for years causes me doubt the picture of Alaskans I had gotten from the authors.

    What is wrong with you people? Diebold machines have been considered flawed since they were built. I guess you all deserved $arah and Joe. I just wish you’d kept her and him.

  4. beth says:

    Apologies to ALL — if any Mod wishes to go in and remove my posts 14, 15, 16, 17, 17.1, and 17.2, please feel free to do so! None of them showed up [save 17 and 17.2] when I was online last night/in the wee hours…hence the spamish-repeat entries. Again, apologies to all. *Deepest* apologies. beth.

    • Baker's Dozen says:

      Well, Beth, in this one post you have pole vaulted over, extinguished, put out, dead out, Ms. Palin’s life time accumulation of apologies! Her apology record stands at zero. Zilch. Nada. Cero. Doesn’t exist. Ain’t gonna happen.

      Congratulations!

  5. Bev says:

    I wish the votes would have went to the Dem, but since it did not, the lesser of two evils has to be Murkowski correct???

    If Miller would have won, he could have been Palin’s pick for VP, what an awful thought.

    • beth says:

      I don’t think $P (more precisely and importantly: Tawd) would pick Miller for anything — Miller hesitated in his adoration of her. That, and demographics…VP candidates are *usually* picked to bring in votes from geographic areas — both P and VP from the same state just wouldn’t ‘work.’

      That’s not to say he couldn’t be picked (win or lose the ’10 Senate seat, immaterial) by some *other* candidate as VP running-mate in the 2012 election. He’s already shown he has great appeal to [and sympathy from] those against Fed policies, programs, etc.; if he plays his cards right over the next two years and the media is as diligent investigating him as they’ve been in investigating $P, he might still have a good chance of being tapped to run — he’d bring in the ‘rugged’/anti-establishment demographic to ‘balance’ the more ‘mainstream’ GOP candidate (if there is such a thing, any more.)

      $P is way too polarizing to be tapped by any SANE candidate — slimebucket Joe, on the other hand, might just be what the the GOP is looking for. His appeal to the whacked-out and extreme appears to be solid while not being too spooky for the not-so whacked-out and extreme that they’d dismiss him out of hand. He’d be vote ensuring. That being the case (and I believe it is) unless *relentless* pressure is kept on him to answer questions *each time* he pops up, the nation will end up with another Alaska nutjob to contend with.

      Us mudpeeps are fortunate enough to know quite a bit (but not all!) about Miller…none of it very good, inspiring, and/or honorable — despite what Missy QuittyPants insists. The rest of the nation, pretty much, isn’t privy to that info. Yet. Until they *all* are, I wouldn’t count Joe out. beth.

  6. sam hall says:

    Enough of Joe Miller…he is a proven liar..fraud..etc. send him back to Kansas but never into any official
    government office..Do you want a person that hires militia thugs representing you in the senate?
    enough of Palin and her crew also..Backmann ..Beck etc…everyone of these people are completely phony..
    at least the voters were wise enough to not elect Angle..O Donnell etc.. so do your research on the issues
    which you will never get any true information from Fox fake news.

  7. JOHNNY says:

    What a pathetic jerk

  8. benlomond2 says:

    AS someone pointed out on an earlier thread – this works to the Dem’s advantage somewhat, one less Republican Senator in Congress until the dust all settles….

  9. So, am I just missing something about the “letter of the law”? It doesn’t say one way or another whether the name has to be spelled correctly, just that the candidates name has to be written in and the oval has to be filled in. And what’s with all the damaged ballots? Who damaged them – likely it’s from all the handling so they could be recounted.

    That being said, a hand recount is probably the best idea. Then Miller won’t have anything to keep whining about. Does he already have the money for that since the vote wasn’t close enough to do an automatic recount by the state? That’ll cost him a pretty penny.

    I really think this is just one more example of the need for a nation-wide improvement in our voting machines/tabulation process. Clearly, it’s not working well and we need to fix it.

  10. Breadbaker says:

    Funny, how Miller isn’t decrying an activist judge saying that he can enjoin the state from doing something it wasn’t going to do for a week anyway notwithstanding that he has no jurisdiction over the case right now.

  11. beth says:

    [[I’m having trrouble posting in this tread…this is just a check to see if I can post anything in it….Please ignore the trial-run. beth.]]

    • beth says:

      It appears I can post in this thread…just not what I’m wanting to post…

      –I’ve tried posting this 5-times, now… it ain’t showing up. (Could it be a sign from G-d?) Anyway, I try again — it’ll either ‘make it’ [along with the other 5 identical posts!] or it won’t. Here goes… b.–

      “We need the state law applied consistently to all ballots cast. We look forward to the state court’s interpretation of the relevant laws consistent with what the people of Alaska enacted through their state legislature.” — from Miller’s statement

      OK – so Miller is a lawyer, as is *his* lawyer, Van Flea. Both know –or at least they should!– that such a request must go *first* to State and *then* to Fed courts; it was a State vote. Either they are both more incompetent than we all believed, OR there’s a method to their madness.

      I’m guessing it’s the latter; they’re ‘winning’/making a point that they’ll be able to use to their advantage on down the road. Namely:
      1) Take it to Fed, knowing it’ll be kicked back to

      2) State, where it will be decided one of two ways — either:
      A) all is hunky-dory, Lisa won, quitcherbitchin, Joe, OR
      B) they [the DoE] screwed up, somebody won; the one that didn’t win, quitcherbitchin.

      3) No matter *what* State decides, someone is going to challenge [again!] and it’ll go back to

      4) Fed courts where Lisa will win due to Fed law trumping State law, and

      5) Joe et.al. *nationwide* will use this as *further* proof that State’s Rights MUST be heeded…[see the *specific* wording of Joe’s statement: “…what the people of Alaska enacted through their state legislature.”]

      I have a feeling this little fiasco of Alaska’s ’10 Senatorial Race will become a huge rally cry for all the AIP / seccessionists / State’s Righters across the nation. There’s already grumbling and mumbling about the Feds “over reaching” and all that — this will just be one more concrete piece of ‘evidence’ of how the Fed steps in and dismisses “the will of the people” [harken back to Joes’ specific wording] just because it –the Fed– [thinks it] can. The ‘smaller government’-demanding Tea Baggers will glom onto this, also too.

      Ain’t nuthin’ gonna get *all* of them, (the Baggers, AIPers, etc.) *more* ticked off against the Fed than to have one of their shining stars, one of their hand-picked Wunderkind conservatives, one with good, commonsense solutions, denied — denied, I tell you!– nay, ROBBED! of his rightful place in the US Senate by the meddling Feds. The people spoke, and the Feds ignored what the people wanted!

      I have a feeling Joe will ride this loss for the next however-many years…and, shades of his ‘mentor’ $P, will rake in the bucks from the speaker’s circuit as he does. Being able to point to the Feds as meddlers into STATE affairs, is his ticket to nation-wide fame. And fortune. No one will ask any questions, he’ll just tell them how he was wronged, and they’ll take his word on all of it. He’ll end up a hero to the disgruntled. I think he’s [already] banking on it. beth.

    • beth says:

      It appears I can post in this thread…just not what I’m wanting to post. Arrrgh. I’ll try again tomorrow — technically, later on today. beth.

  12. beth says:

    –I’ve tried posting this 5-times, now… it ain’t showing up. (Could it be a sign from G-d?) Anyway, I try again — it’ll either ‘make it’ [along with the other 5 identical posts!] or it won’t. Here goes… b.–

    “We need the state law applied consistently to all ballots cast. We look forward to the state court’s interpretation of the relevant laws consistent with what the people of Alaska enacted through their state legislature.” — from Miller’s statement

    OK – so Miller is a lawyer, as is *his* lawyer, Van Flea. Both know –or at least they should!– that such a request must go *first* to State and *then* to Fed courts; it was a State vote. Either they are both more incompetent than we all believed, OR there’s a method to their madness.

    I’m guessing it’s the latter; they’re ‘winning’/making a point that they’ll be able to use to their advantage on down the road. Namely:
    1) Take it to Fed, knowing it’ll be kicked back to

    2) State, where it will be decided one of two ways — either:
    A) all is hunky-dory, Lisa won, quitcherbitchin, Joe, OR
    B) they [the DoE] screwed up, somebody won; the one that didn’t win, quitcherbitchin.

    3) No matter *what* State decides, someone is going to challenge [again!] and it’ll go back to

    4) Fed courts where Lisa will win due to Fed law trumping State law, and

    5) Joe et.al. *nationwide* will use this as *further* proof that State’s Rights MUST be heeded…[see the *specific* wording of Joe’s statement: “…what the people of Alaska enacted through their state legislature.”]

    I have a feeling this little fiasco of Alaska’s ’10 Senatorial Race will become a huge rally cry for all the AIP / seccessionists / State’s Righters across the nation. There’s already grumbling and mumbling about the Feds “over reaching” and all that — this will just be one more concrete piece of ‘evidence’ of how the Fed steps in and dismisses “the will of the people” [harken back to Joes’ specific wording] just because it –the Fed– [thinks it] can. The ‘smaller government’-demanding Tea Baggers will glom onto this, also too.

    Ain’t nuthin’ gonna get *all* of them, (the Baggers, AIPers, etc.) *more* ticked off against the Fed than to have one of their shining stars, one of their hand-picked Wunderkind conservatives, one with good, commonsense solutions, denied — denied, I tell you!– nay, ROBBED! of his rightful place in the US Senate by the meddling Feds. The people spoke, and the Feds ignored what the people wanted!

    I have a feeling Joe will ride this loss for the next however-many years…and, shades of his ‘mentor’ $P, will rake in the bucks from the speaker’s circuit as he does. Being able to point to the Feds as meddlers into STATE affairs, is his ticket to nation-wide fame. And fortune. No one will ask any questions, he’ll just tell them how he was wronged, and they’ll take his word on all of it. He’ll end up a hero to the disgruntled. I think he’s [already] banking on it. beth.

  13. beth says:

    –I’ve tried posting this 4-times, now… it ain’t showing up. I try again — it’ll either ‘make it’ [along with the other 4 identical posts!] or it won’t. Here goes… b.–

    “We need the state law applied consistently to all ballots cast. We look forward to the state court’s interpretation of the relevant laws consistent with what the people of Alaska enacted through their state legislature.” — from Miller’s statement

    OK – so Miller is a lawyer, as is *his* lawyer, Van Flea. Both know –or at least they should!– that such a request must go *first* to State and *then* to Fed courts; it was a State vote. Either they are both more incompetent than we all believed, OR there’s a method to their madness.

    I’m guessing it’s the latter; they’re ‘winning’/making a point that they’ll be able to use to their advantage on down the road. Namely:
    1) Take it to Fed, knowing it’ll be kicked back to

    2) State, where it will be decided one of two ways — either:
    A) all is hunky-dory, Lisa won, quitcherbitchin, Joe, OR
    B) they [the DoE] screwed up, somebody won; the one that didn’t win, quitcherbitchin.

    3) No matter *what* State decides, someone is going to challenge [again!] and it’ll go back to

    4) Fed courts where Lisa will win due to Fed law trumping State law, and

    5) Joe et.al. *nationwide* will use this as *further* proof that State’s Rights MUST be heeded…[see the *specific* wording of Joe’s statement: “…what the people of Alaska enacted through their state legislature.”]

    I have a feeling this little fiasco of Alaska’s ’10 Senatorial Race will become a huge rally cry for all the AIP / seccessionists / State’s Righters across the nation. There’s already grumbling and mumbling about the Feds “over reaching” and all that — this will just be one more concrete piece of ‘evidence’ of how the Fed steps in and dismisses “the will of the people” [harken back to Joes’ specific wording] just because it –the Fed– [thinks it] can. The ‘smaller government’-demanding Tea Baggers will glom onto this, also too.

    Ain’t nuthin’ gonna get *all* of them, (the Baggers, AIPers, etc.) *more* ticked off against the Fed than to have one of their shining stars, one of their hand-picked Wunderkind conservatives, one with good, commonsense solutions, denied — denied, I tell you!– nay, ROBBED! of his rightful place in the US Senate by the meddling Feds. The people spoke, and the Feds ignored what the people wanted!

    I have a feeling Joe will ride this loss for the next however-many years…and, shades of his ‘mentor’ $P, will rake in the bucks from the speaker’s circuit as he does. Being able to point to the Feds as meddlers into STATE affairs, is his ticket to nation-wide fame. And fortune. No one will ask any questions, he’ll just tell them how he was wronged, and they’ll take his word on all of it. He’ll end up a hero to the disgruntled. I think he’s [already] banking on it. beth.

  14. beth says:

    “We need the state law applied consistently to all ballots cast. We look forward to the state court’s interpretation of the relevant laws consistent with what the people of Alaska enacted through their state legislature.” — from Miller’s statement

    OK – so Miller is a lawyer, as is *his* lawyer, Van Flea. Both know –or at least they should!– that such a request must go *first* to State and *then* to Fed courts; it was a State vote. Either they are both more incompetent than we all believed, OR there’s a method to their madness.

    I’m guessing it’s the latter; they’re ‘winning’/making a point that they’ll be able to use to their advantage on down the road. Namely:
    1) Take it to Fed, knowing it’ll be kicked back to

    2) State, where it will be decided one of two ways — either:
    A) all is hunky-dory, Lisa won, quitcherbitchin, Joe, OR
    B) they [the DoE] screwed up, somebody won; the one that didn’t win, quitcherbitchin.

    3) No matter *what* State decides, someone is going to challenge [again!] and it’ll go back to

    4) Fed courts where Lisa will win due to Fed law trumping State law, and

    5) Joe et.al. *nationwide* will use this as *further* proof that State’s Rights MUST be heeded…[see the *specific* wording of Joe’s statement: “…what the people of Alaska enacted through their state legislature.”]

    I have a feeling this little fiasco of Alaska’s ’10 Senatorial Race will become a huge rally cry for all the AIP / secessionists / State’s Righters across the nation. There’s already grumbling and mumbling about the Feds “over reaching” and all that — this will just be one more concrete piece of ‘evidence’ of how the Fed steps in and dismisses “the will of the people” [harken back to Joes’ specific wording] just because it –the Fed– [thinks it] can. The ‘smaller government’-demanding Tea Baggers will glom onto this, also too.

    Ain’t nuthin’ gonna get *all* of them, (the Baggers, AIPers, etc.) *more* ticked off against the Fed than to have one of their shining stars, one of their hand-picked Wunderkind conservatives, one with good, commonsense solutions, denied — denied, I tell you!– nay, ROBBED! of his rightful place in the US Senate by the meddling Feds. The people spoke, and the Feds ignored what the people wanted!

    I have a feeling Joe will ride this loss for the next however-many years…and, shades of his ‘mentor’ $P, will rake in the bucks from the speaker’s circuit as he does. Being able to point to the Feds as meddlers into STATE affairs, is his ticket to nation-wide fame. And fortune. No one will ask any questions, he’ll just tell them how he was wronged, and they’ll take his word on all of it. He’ll end up a hero to the disgruntled. I think he’s [already] banking on it. beth.

  15. beth says:

    “We need the state law applied consistently to all ballots cast. We look forward to the state court’s interpretation of the relevant laws consistent with what the people of Alaska enacted through their state legislature.” — from Miller’s statement

    OK – so Miller is a lawyer, as is *his* lawyer, Van Flea. Both know –or at least they should!– that such a request must go *first* to State and *then* to Fed courts; it was a State vote. Either they are both more incompetent than we all believed, OR there’s a method to their madness.

    I’m guessing it’s the latter; they’re ‘winning’/making a point that they’ll be able to use to their advantage on down the road. Namely:
    1) Take it to Fed, knowing it’ll be kicked back to

    2) State, where it will be decided one of two ways — either:
    A) all is hunky-dory, Lisa won, quitcherbitchin, Joe, OR
    B) they [the DoE] screwed up, somebody won; the one that didn’t win, quitcherbitchin.

    3) No matter *what* State decides, someone is going to challenge [again!] and it’ll go back to

    4) Fed courts where Lisa will win due to Fed law trumping State law, and

    5) Joe et.al. *nationwide* will use this as *further* proof that State’s Rights MUST be heeded…[see the *specific* wording of Joe’s statement: “…what the people of Alaska enacted through their state legislature.”]

    I have a feeling this little fiasco of Alaska’s ’10 Senatorial Race will become a huge rally cry for all the AIP / seccessionists / State’s Righters across the nation. There’s already grumbling and mumbling about the Feds “over reaching” and all that — this will just be one more concrete piece of ‘evidence’ of how the Fed steps in and dismisses “the will of the people” [harken back to Joes’ specific wording] just because it –the Fed– [thinks it] can. The ‘smaller government’-demanding Tea Baggers will glom onto this, also too.

    Ain’t nuthin’ gonna get *all* of them, (the Baggers, AIPers, etc.) *more* ticked off against the Fed than to have one of their shining stars, one of their hand-picked Wunderkind conservatives, one with good, commonsense solutions, denied — denied, I tell you!– nay, ROBBED! of his rightful place in the US Senate by the meddling Feds. The people spoke, and the Feds ignored what the people wanted!

    I have a feeling Joe will ride this loss for the next however-many years…and, shades of his ‘mentor’ $P, will rake in the bucks from the speaker’s circuit as he does. Being able to point to the Feds as meddlers into STATE affairs, is his ticket to nation-wide fame. And fortune. No one will ask any questions, he’ll just tell them how he was wronged, and they’ll take his word on all of it. He’ll end up a hero to the disgruntled. I think he’s [already] banking on it. beth.

  16. No tea! says:

    Loren Leman wouldn’t say this if he’d not have been backing Miller. Him and his stupid robocalls.

  17. dreamgirl says:

    Miller might be a footnote if someone can connect the dots… otherwise he is just pubic-face.

    yup, I did.(i said it so you don’t have to… have to brush ma teeth and shower now for some reason.)

  18. dreamgirl says:

    Sorry AKM, just don’t care about scragglepus unless he’s in for something. Like are he and his family being served papers for lying and other misdeeds.

  19. Lacy Lady says:

    Does the quitter Gov have a hand in this thing???? Just wondering!

  20. blue_in_AK says:

    I’m not sure of Joe’s motives, but I would like to see a hand count, too. There have been too many weird things about elections over the past few years to ignore. If Joe’s lawsuit places emphasis on the transparency of the election process, and not on the whole write-in intent thing, I’ll be in his corner. We should know if there are discrepancies between the number of ballots cast and the number of ballots counted.

  21. CO almost native says:

    This will end Miller’s budding political career, one can only hope. That said, it would be good for Alaskans to make sure this election is fair, and all votes were properly counted…not too many, not too few.

  22. marcus2 says:

    Joe is acting like a cry-baby. What a whiner! He lost big time and just can’t handle it.

    • slipstream says:

      And that reminds me of Sarah Palin! She lost big time, and just can’t handle it! Whatta whiner!

  23. Bretta says:

    I may have overlooked, but: the relevant thing to me in the judge’s ruling was that he gave Joe Miller until Monday to file in STATE court – the appropriate venue for this suit.

    It appears Joe’s statement conveniently ignores that aspect of the judge’s ruling.

    It is late at night for me, and I may not have read the post correctly – still, Joe is still misleading people – to what purpose, well, follow the money.

    • Chaim says:

      You read the ruling correctly, but so did Miller. Judge Beistline appropriately deferred to the Alaska state courts to interpret state law before determining whether state law, as interpreted, is consistent with the Constitution. Of course, one may ask why Miller did not file suit in state court in the first place, given his “states’ rights” inclinations.

  24. Laurie says:

    Have to wonder if dragging this out hurts him in the long run. Will he just be a sore loser?

    • Denise says:

      Joe will join the ranks of Norm Coleman. Being gracious in defeat doesn’t seem to be a tea party strength.

  25. B in Wasilla says:

    Joe Miller is a bigger whiner than Palin or GW Bush. The precedent for counting the voter intent was established in this state years ago. Carpet Bagger Joe needs to go home.

  26. GoI3ig says:

    I am in the don’t give a crap mode now. So many dems voted for Lisa out of fear. Had they voted for Scott, he would have won. Even if Joe prevailed, he would have been a one hit wonder. This will cement queen Lisa for life. Congrats. People get the government they deserve.

  27. kiksadi50 says:

    curiouser, & curiouser….. I say recount all the ballots.And make sure some Native Alaskans are present.English is not the first language of Alaska.