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2010 United States Senate election in Alaska

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2010 United States Senate election in Alaska

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Candidate Lisa Murkowski
(write-in)
Joe Miller Scott McAdams
Party Republican Republican Democratic
Popular vote 101,091 90,839 60,045
Percentage 39.49% 35.49% 23.46%

Borough and census area results
Murkowski:      40–50%      50–60%      60–70%      70–80%
Miller:      30–40%      40–50%      50–60%
McAdams:      30–40%      40–50%

U.S. senator before election

Lisa Murkowski
Republican

Elected U.S. Senator

Lisa Murkowski
Republican

The 2010 United States Senate election in Alaska took place on November 2, 2010. Incumbent Republican Sen. Lisa Murkowski was re-elected as a write-in candidate despite having been defeated in the Republican primary.

Primary elections were held on August 24, 2010. Sitka Mayor Scott McAdams became the Democratic nominee, while attorney and former federal magistrate Joe Miller defeated Murkowski to become the Republican nominee.[1][2] Miller was endorsed by the Tea Party movement and by former Governor Sarah Palin.[3]

Murkowski announced that despite her defeat in the Republican primary, she would run in the general election as a write-in candidate.[4][5] In the general election, Murkowski garnered more than 100,000 write-in votes. Miller challenged 8,000 of those votes.[6] The Associated Press and the Alaska GOP called the race in Murkowski's favor on November 17.[6][7] Miller did not concede the race and instead filed legal challenges in federal and state court.[8]

On December 30, 2010, Alaska state officials certified Murkowski as the winner of the election. On December 31, Miller announced at a news conference in Anchorage that he was conceding the race.[9] Murkowski is only the second person since the passage of the Seventeenth Amendment to win a U.S. Senate election as a write-in candidate against candidates with ballot access (the first was Strom Thurmond in 1954).[10] Murkowski also became the first person since 1970 to win election to the Senate with under 40% of the vote.[11]

Democratic-Libertarian-Independence primary

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Alaska's primary elections at the time, from 2000 to 2020, had voters make a choice between a closed primary ballot for Republican candidates, open to voters that have declared themselves as Republicans, nonpartisan, or undeclared, and, since 2004, a combined open primary ballot for Democrats, Libertarians, the Alaska Independence Party, and all other declared or write-in candidates, open to voters of any declaration.

Candidates

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Results

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Primary results[15][16]
Party Candidate Votes %
Democratic Scott McAdams 18,035 50.0
Democratic Jacob Seth Kern 6,913 19.2
Libertarian David Haase 5,793 16.1
Democratic Frank Vondersaar 5,339 14.8
Total votes 36,080 100.0

Republican primary

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Candidates

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Endorsements

[edit]
List of Lisa Murkowski endorsements[18]

U.S. Senators

State legislators

Local officials

Individuals

Organizations

List of Joe Miller endorsements[20]

U.S. Senators

U.S. Representatives

Governors

State officials

State legislators

Local officials

Individuals

Organizations

Polling

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Poll source Dates administered Lisa Murkowski Joe Miller
Moore Research[21] July 25, 2010 62% 30%

Results

[edit]
Results by borough:
  Miller
  •   Miller—50–60%
  •   Miller—60-70%
  Murkowski
  •   Murkowski—50–60%
  •   Murkowski—60–70%
  •   Murkowski—70–80%
Republican primary results[15][16]
Party Candidate Votes %
Republican Joe Miller 55,878 50.9
Republican Lisa Murkowski (incumbent) 53,872 49.1
Total votes 109,750 100.0

Murkowski conceded the primary election to Joe Miller on August 31, 2010.[22]

Aftermath

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When it began to appear that Miller had won the primary, the Libertarian Party floated the possibility of offering Murkowski its nomination; the Murkowski campaign said it would not rule out a third party run, and Murkowski said it was too premature.[23] But on August 29, 2010, the executive board of the state Libertarian Party voted not to consider allowing Murkowski on its ticket for the U.S. Senate race.[24] When asked about a write-in candidacy at that time, she said it was "high risk".[24] By September 7 though, she said that she was weighing the option of mounting a write-in campaign.[25] On September 13, Libertarian candidate David Haase reiterated that he would not stand down and let Murkowski replace him on the ballot.[26] Murkowski announced on September 17 that she would enter the general election contest as a write-in candidate, saying she had agonized over the decision, but had been encouraged to run by many voters.[27]

General election

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Candidates

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Campaign

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After Lisa Murkowski conceded the Republican primary to Joe Miller, Scott McAdams raised over $128,000 through ActBlue, and a private fundraiser at the home of Alaskan State Senator Hollis French raised about $19,000.

Miller received negative press in mid-October 2010 when his campaign's security guards made a private arrest of a journalist who was persistently questioning Miller about his record as a government employee. Tony Hopfinger, of the Alaska Dispatch, was detained and handcuffed until Anchorage police arrived and released him following a townhall event featuring Miller. No charges were filed.[29] Though the campaign event was open to the general public and held at a public school, the security firm said it had detained the journalist because he had been trespassing and had shoved a man while attempting to question Miller.[29]

On October 20, during early voting, a voter in Homer photographed a list of write-in candidates that was posted inside a voting booth,[30] which raised the issue of whether the state should be posting, or even providing such a list. A lawsuit was filed alleging that the Alaska Division of Elections was violating AAC, 25.070, which reads in part: "Information regarding a write-in candidate may not be discussed, exhibited or provided at the polling place, or within 200 feet of any entrance to the polling place, on election day."[31] Both Republican and Democratic spokespersons decried the lists as electioneering on behalf of Murkowski; representatives of the Division of Elections maintained that the lists were intended merely to assist voters.[32] On October 27, a judge issued a restraining order barring the lists, noting in his decision "If it were important 'assistance' for the Division to provide voters with lists of write-in candidates, then the Division was asleep at the switch for the past 50 years, the Division first developed the need for a write-in candidate list 12 days ago."[33] Later on the same day, the Alaska Supreme Court ruled that the lists could be distributed to those who asked for them, but that any ballots cast by voters based on information on the lists be "segregated". The Division of Elections responded that they had neither the manpower nor the time to implement such a system by Election Day. By the deadline for registering as a write-in candidate, more than 150 Alaskans had submitted their names as candidates for the U.S. Senate seat, encouraged by an Anchorage talk radio host.[34][35]

In the election, the total number of write-in votes statewide were counted first, then all the write-in ballots were sent to Juneau to the Division of Elections to be individually examined to see what names were written on them.[34]

Predictions

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Source Ranking As of
Cook Political Report[36] Likely R October 26, 2010
Rothenberg[37] Safe R October 22, 2010
RealClearPolitics[38] Likely R October 26, 2010
Sabato's Crystal Ball[39] Likely R October 21, 2010
CQ Politics[40] Likely R October 26, 2010

Polling

[edit]
Poll
source
Date(s)
administered
Joe Miller (R) Lisa Murkowski (R)
[a]
Scott McAdams (D) Lead
Rasmussen Reports[41] September 19, 2010 42% 27% 25% Miller +15
Moore Research[42] September 23–27, 2010 43% 18% 28% Miller +15
CNN/Time/Opinion Research[43] September 24–28, 2010 38% 36% 22% Miller +2
Public Policy Polling[44] October 9–10, 2010 35% 33% 26% Miller +2
CNN/Time/Opinion Research[45] October 15–19, 2010 37% 37% 23% Tie
Public Policy Polling[46] October 30–31, 2010 37% 30% 30% Miller +7

Note

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  1. ^ Lisa Murkowski lost the Republican primary, but ran as a Republican during her write-in bid.[citation needed]
Hypothetical polling numbers in a two-way race between Joe Miller (R) and Scott McAdams (D)
Poll source Dates administered Joe Miller (R) Scott McAdams (D)
Public Policy Polling[47] August 27–28, 2010 47% 39%
Basswood Research[48] August 28–29, 2010 52% 36%
Rasmussen Reports[49] August 31, 2010 50% 44%
Hypothetical polling numbers with Lisa Murkowski as a Libertarian
Poll source Dates administered Joe Miller (R) Lisa Murkowski (L) Scott McAdams (D)
Public Policy Polling[47] August 27–28, 2010 38% 34% 22%
Dittman Research[50] August 30, 2010 31% 37% 19%
  • It was announced on 9/13/10 that Murkowski cannot run on the Libertarian ticket.[51]

Fundraising

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Candidate (party) Receipts Disbursements Cash on hand Debt
Joe Miller (R) $1,980,296 $1,331,859 $647,934 $341
Scott McAdams (D) $861,121 $587,639 $273,480 $0
Lisa Murkowski (R-Write-in) $3,416,929 $3,005,107 $773,826 $0
Source: Federal Election Commission[52]

Results

[edit]
2010 United States Senate election in Alaska[53]
Party Candidate Votes %
Write-in 102,234 39.94%
Republican Joe Miller 90,839 35.49%
Democratic Scott McAdams 60,045 23.46%
Libertarian David Haase 1,459 0.57%
Independent Timothy Carter 927 0.36%
Independent Ted Gianoutsos 458 0.18%
Total votes 255,962 100.00%

Post-election day events

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Overview

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On election day, the write-in ballots were counted, but not examined: determining for which candidate they were cast was deferred. After election officials tabulated 27,000 additional absentee and early ballots, Miller had won 35 percent of the vote while forty percent of the ballots cast were write-ins,[54] which required a hand count to see what names were on them.[55][56]

Write-in count

[edit]

Alaska election officials said they were counting write-in ballots with misspellings if the names written in were phonetic to Murkowski, claiming that Alaska case law supports this practice.[57] The Miller campaign had observers present who challenged ballots which misspelled "Murkowski", or which included the word "Republican" next to Murkowski's name. The Anchorage Daily News noted on November 11 that the bulk of the challenged ballots contained misspellings but examples were not hard to find of challenged ballots that appeared to be "spelled accurately and looked to be filled out properly".[58]

After several days of counting, the Division of Elections showed Murkowski with a lead of some 1,700 votes over Miller, with about 8,000 write-in votes yet to be counted, and a trend of counting 97 percent of the write-ins as for Murkowski.[59] Murkowski's campaign shied away from declaring a victory before the count was finished.[59] As of November 17, (the last day of the hand count), the Division of Elections showed Murkowski having a lead of over 10,000 votes, meaning that even if all the 8,000 challenged ballots were discounted, Murkowski would still lead by about 2,200 votes. The Miller campaign then demanded a hand recount of the entire election, claiming that as Murkowski's votes were all verified by visual inspection, Miller should get the same opportunity. The Division of Election officials responded that any recount of non-write-in votes would not be done by hand, but would be done using optical scanners.[60]

Lawsuits

[edit]

Miller filed a federal lawsuit on November 9, 2010, seeking to have write-in ballots that contained spelling and other errors from being counted toward Murkowski's total and a seeking preliminary injunction to prevent the counting of the write-in votes from even beginning.[8][61] He claimed that he had a federal case because State election officials were violating the Elections Clause of the U.S. Constitution and the Equal Protection Clause of the 14th Amendment by using a voter intent standard that allowed misspelled write-in votes to count.[62] The federal court allowed the counting to proceed as the challenged ballots were segregated from the others and could be re-examined later, if necessary.[61] After hearing motions and arguments from both sides, the federal court abstained from hearing the case, ruling that the dispute could be resolved by the State courts by reference to State law.[62] The federal court kept the case in its docket in the event that federal issues still remained after the State courts' determination.[62] The federal court also put a halt to the certification of the election pending rulings on Miller's lawsuits. Miller then filed suit in State court, repeating the claims he had previously made, and adding allegations of vote fraud and bias.[63]

On December 10, the Alaska Superior Court rejected all of Miller's claims as contrary to State statute and case law, and said the fraud claims were unsubstantiated.[64][65] Miller then appealed the Superior Court ruling to the Alaska Supreme Court, citing a provision in the Alaska election statute that says there shall be "no exceptions" to the rules for counting ballots, and that therefore, all ballots with misspellings or other deviations should be thrown out. After oral arguments were heard on December 17,[66] on December 22, the Alaska Supreme Court upheld the lower court's ruling dismissing Miller's claims.[67][68] On December 26, Miller announced that he would be withdrawing his opposition for Murkowski's Senate certification, but would continue pursuing his federal case.[69]

On December 31, Miller announced at a news conference in Anchorage that he was conceding the election.[9]

Write-in results

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Write-in totals (100% precincts reporting)[70]
Candidate Votes Percentage
Lisa Murkowski (unchallenged) 92,931 89.52%
Lisa Murkowski (challenged, counted) 8,160 7.86%
Lisa Murkowski (challenged, not counted) 2,035 1.96%
Misc. Names 620 0.6%
Joe Miller 20 0.02%
Sid Hill 13 0.01%
Scott McAdams 8 0.01%
Lisa M. Lackey 2 0.00%
All other write-in candidates 40 0.04%
Totals 103,805 100%

Certified results

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Final/certified general election results[70][71][72]
Party Candidate Votes % ±%
Republican Lisa Murkowski (incumbent, write-in) 101,091 39.49% N/A
Republican Joe Miller 90,839 35.49% −13.09%
Democratic Scott McAdams 60,045 23.46% −22.09%
Libertarian David Haase 1,459 0.57% +0.17%
Write-in 1,143 0.44% +0.30%
Independent Timothy Carter 927 0.36% N/A
Independent Ted Gianoutsos 458 0.18% −0.06%
Total votes 255,962 100.0%
Republican hold

Boroughs and census areas that flipped from Democratic to Republican

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Boroughs and census areas that flipped from Republican to Democratic

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References

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  1. ^ Sean Cockerham (August 31, 2010). "It's another Tea Party win as Alaska's Murkowski concedes". Anchorage Daily News. Archived from the original on September 1, 2010. Retrieved September 1, 2010.
  2. ^ "Primary Election Information". State of Alaska, Division of Elections. Archived from the original on December 3, 2010. Retrieved December 13, 2010.
  3. ^ Cockerham, Sean (April 7, 2009). "Palin to back Murkowski in 2010". Anchorage Daily News. Archived from the original on April 11, 2009. Retrieved May 28, 2010.
  4. ^ Bohrer, Becky (September 18, 2010). "Murkowski mounting write-in bid for Alaska Senate". Associated Press. Retrieved November 1, 2010. Murkowski faces tough odds with her write-in candidacy. She has lost support from members within the Republican establishment, who are backing the Republican nominee, Joe Miller.
  5. ^ McCormick, John (September 18, 2010). "Murkowski Says She Will Run as Write-In Candidate in Senate Race in Alaska". Bloomberg. Retrieved October 23, 2010.
  6. ^ a b Seattle Times news services (November 17, 2010). "Murkowski triumphs in Alaska Senate race: Alaska's Murkowski appears to be first write-in candidate to win Senate since 1954". The Seattle Times. Retrieved November 18, 2010.
  7. ^ AP staff reporter (November 17, 2010). "AP: Murkowski Wins Alaska Senate Race". NPR. Associated Press. Archived from the original on December 6, 2010.
  8. ^ a b Richard L. Hasen (November 11, 2010). "Alaska's Big Spelling Test: How strong is Joe Miller's argument against the Leeza Markovsky vote?". Slate.
  9. ^ a b Bohrer, Becky (December 31, 2010). "Miller says he's ending legal fight, conceding". Associated Press. Retrieved December 31, 2010.
  10. ^ "Murkowski certified Senate election winner: 2010 Alaska U.S. Senate election | adn.com". December 30, 2010. Archived from the original on January 1, 2011. Retrieved December 30, 2010.
  11. ^ "Murkowski Could Become 1st US Senator with Three Plurality Victories". Smart Politics. October 11, 2016. Retrieved November 12, 2016.
  12. ^ a b c "August 24, 2010 Primary Candidate List". State of Alaska Division of Elections. Archived from the original on October 22, 2010. Retrieved June 16, 2010.
  13. ^ "Mayor files paper". June 2, 2010. Archived from the original on June 5, 2010. Retrieved June 2, 2010.
  14. ^ a b Cockerham, Sean (May 4, 2010). "Former Palin ally challenges Alaska Sen. Murkowski for GOP support". Associated Press. Retrieved May 28, 2010. [dead link]
  15. ^ a b "State of Alaska 2010 Primary Election August 24, 2010 Official Results" (PDF). State of Alaska Division of Elections. August 25, 2010. Retrieved November 22, 2024.
  16. ^ a b Yardley, William (September 3, 2010). "Alaska Winner, Lover of Privacy, Loses His Own". The New York Times. (voter turnout for the primary)
  17. ^ a b "Joe Miller for Senate". Joemiller.us. Retrieved November 3, 2010.
  18. ^ "List of Endorsements « Lisa Murkowski". Lisamurkowski.com. Archived from the original on October 23, 2010. Retrieved October 23, 2010.
  19. ^ "NRA-PVF Endorses Lisa Murkowski for U.S. Senate in Alaska's Republican Primary Election". nrapvf.org. NRA-PVF. July 28, 2010. Archived from the original on August 12, 2014. Retrieved September 19, 2023.
  20. ^ "Joe Miller for Senate – Endorsements". Joemiller.us. October 28, 2010. Archived from the original on November 4, 2010. Retrieved November 3, 2010.
  21. ^ "Moore Research" (PDF). Archived from the original (PDF) on September 11, 2010.
  22. ^ Toeplitz, Shira (August 31, 2010). "Murkowski Concedes Defeat". Politico.
  23. ^ Memoli, Michael A. (August 27, 2010). "Libertarians an option for Murkowski". Seattle Times. Retrieved August 28, 2010. The state Libertarian Party told the Anchorage Daily News that it was open to the possibility of nominating Murkowski as a third-party candidate, a notion that her campaign is not embracing but has not ruled out.
  24. ^ a b Cockerham, Sean (September 11, 2010). "Murkowski: No decision was made on write-in option ; Despite rumors, her camp says it's not a done deal". The Anchorage Daily News. Archived from the original on June 10, 2011. Retrieved October 23, 2010.
  25. ^ Sean Cockerham (September 8, 2010). "Libertarians cool to Murkowski candidacy; ALTERNATIVE: Senator could wage a campaign as a write-in". The Anchorage Daily News. Archived from the original on June 10, 2011. Retrieved October 23, 2010.
  26. ^ Conroy, Scott (September 13, 2010). "Real Clear Politics". Real Clear Politics. Retrieved October 23, 2010.
  27. ^ Sean Cockerham and Erika Bolstad (September 18, 2010). "Murkowski says 'Let's Make History'". The Anchorage Daily News. Archived from the original on September 21, 2010. Retrieved October 23, 2010.
  28. ^ a b "November 2, 2010 General Election Candidate List". State of Alaska Division of Elections. Archived from the original on June 16, 2010. Retrieved June 16, 2010.
  29. ^ a b Mauer, Richard (October 18, 2010). "Miller security guards handcuff editor". Anchorage Daily News. Archived from the original on October 19, 2010. Retrieved October 18, 2010.
  30. ^ "Write-in candidate list mistakenly posted in city voting booths". Homer News. October 20, 2010. Archived from the original on October 24, 2010. Retrieved October 28, 2010.
  31. ^ "ADP sues DOE Alaska Democratic Party website, 10-25-2010". Alaskademocrats.org. October 25, 2010. Archived from the original on October 27, 2010. Retrieved November 3, 2010.
  32. ^ Joling, Dan (October 25, 2010). "Judge wants more info in Alaska election lawsuit". Anchorage Daily News. Associated Press. Archived from the original on October 28, 2010. Retrieved November 3, 2010.
  33. ^ DAN JOLING Associated Press Writer (October 27, 2010). "Alaska judge blocks distribution of write-in names Dan Joling Associated Press/Anchorage Daily News 10-27-2010". Adn.com. Retrieved November 3, 2010.[dead link]
  34. ^ a b "Election Night 2010: Division of Elections on Write-In Votes". APRN. November 2, 2010.
  35. ^ "No Decision on Write-In Lists Yet Ellen Lockyer KSKA/APRN 10-29-2010". Aprn.org. October 29, 2010. Retrieved November 3, 2010.
  36. ^ "Senate". Cook Political Report. Retrieved October 26, 2010.
  37. ^ "Senate Ratings". Rothenberg Political Report. Retrieved October 26, 2010.
  38. ^ "Battle for the Senate". RealClearPolitics. Retrieved October 26, 2010.
  39. ^ "2010 Senate Ratings". Sabato's Crystal Ball. Archived from the original on October 28, 2010. Retrieved October 26, 2010.
  40. ^ "Race Ratings Chart: Senate". CQ Politics. Archived from the original on October 28, 2010. Retrieved October 26, 2010.
  41. ^ "Toplines - Alaska Senate - September 19, 2010 - Rasmussen Reports®". www.rasmussenreports.com.
  42. ^ "AK-Sen Ivan Moore | PDF | Joe Miller (Alaska Politician) | Politics Of The United States". Scribd.
  43. ^ "CNN/Time/Opinion Research" (PDF).
  44. ^ "AK-Sen/Gov: Split GOP gives Dems legit pickup opportunity". Daily Kos.
  45. ^ "CNN/Time/Opinion Research" (PDF).
  46. ^ "Public Policy Polling" (PDF).
  47. ^ a b "Public Policy Polling" (PDF).
  48. ^ "NRSC Survey Shows Miller Over 50 - Hotline On Call". September 1, 2010. Archived from the original on September 1, 2010.
  49. ^ "Toplines - Alaska Senate - August 31, 2010 - Rasmussen Reports®". www.rasmussenreports.com.
  50. ^ "Dittman Research" (PDF). Archived from the original (PDF) on December 24, 2010.
  51. ^ Conroy, Scott (September 13, 2010). "In Blow to Murkowski, Alaska Libertarian Nominee Will Stay on Ballot". RealClearPolitics. Retrieved October 23, 2010.
  52. ^ "2010 House and Senate Campaign Finance for Alaska". fec.gov. Retrieved September 29, 2010.[permanent dead link]
  53. ^ "State of Alaska 2010 General Election November 2, 2010 Unofficial Results". State of Alaska Division of Elections. November 17, 2010. Archived from the original (PDF) on August 20, 2014. Retrieved November 17, 2010.
  54. ^ Shira Toeplitz (November 9, 2010). "Miller gaining ground in Alaska". "Politico".
  55. ^ "Murky? Miller sues over spelling". Politico. Retrieved September 29, 2016.
  56. ^ "Write-in ballot count begins Wednesday in Alaska's Senate race". The Washington Post. November 10, 2010. ISSN 0190-8286. Retrieved September 29, 2016.
  57. ^ Boehrer, Becky (November 17, 2010). "Murkowski Alaska-bound as vote counting winds down". Anchorage Daily News. Associated Press.[dead link]
  58. ^ Cockerham, Sean (December 11, 2010). "Murkowski confident as write-in tally for Senate continues". Anchorage Daily News. Archived from the original on November 15, 2010. Retrieved November 12, 2010.
  59. ^ a b "Murkowski passes Miller in vote count Sean Cockerham, Anchorage Daily News 11-15-2010". Archived from the original on November 20, 2010.
  60. ^ "Miller calls for hand recount of votes as Murkowski lead grows Sean Cockerham, Anchorage Daily News, 11-17-2010". Archived from the original on November 20, 2010.
  61. ^ a b Dan Joling (November 19, 2010). "Miller seeks to stop Alaska Senate election certification". Fairbanks Daily News Miner. Associated Press. Archived from the original on November 29, 2010. Retrieved December 13, 2010.
  62. ^ a b c Rachel D'Oro (November 22, 2010). "Miller files vote-count lawsuit in Alaska state court". Fairbanks Daily News Miner. Associated Press.
  63. ^ Somashekhar, Sandyha (November 27, 2010). "Despite Alaska Senate race results, Joe Miller presses on in principle". The Washington Post. Retrieved November 28, 2010.
  64. ^ Cite error: The named reference judge rules was invoked but never defined (see the help page).
  65. ^ Cite error: The named reference court rejects was invoked but never defined (see the help page).
  66. ^ Cite error: The named reference appeals to supreme was invoked but never defined (see the help page).
  67. ^ "Alaska high court throws out Miller claims". Associated Press. December 22, 2010. Retrieved December 22, 2010.
  68. ^ "Miller v Treadwell" (PDF). THE SUPREME COURT OF THE STATE OF ALASKA. Archived from the original (PDF) on December 24, 2010. Retrieved December 23, 2010.
  69. ^ "Miller won't oppose certification of Senate race". KTUU-TV. December 26, 2010. Archived from the original on June 4, 2013. Retrieved December 27, 2010.
  70. ^ a b "State of Alaska 2010 General Election Unofficial Results". December 28, 2010. Retrieved November 11, 2014.
  71. ^ "State of Alaska 2010 General Election November 2, 2010 Official Results". elections.alaska.gov. December 28, 2010. Archived from the original on August 20, 2014. Retrieved November 11, 2014.
  72. ^ "AK US Senate". Our Campaigns. November 27, 2012. Retrieved November 11, 2014.
[edit]

Debates

Official campaign websites