Doug Mataconis · · 1 comment

An Alaska state court judge has dismissed Joe Miller’s lawsuit challenging the results of the Alaska Senate race:

A Superior Court judge has ruled on all counts against Joe Miller’s challenge of Alaska’s election for U.S. Senate. The judge on Friday found the state tallied the ballots properly and there was no evidence for Miller’s suggestions that fraud tainted the election.

The state judge, William Carey of Ketchikan, gave Miller until early next week to appeal to the Alaska Supreme Court. The timing is critical because a federal judge has blocked certification of Sen. Lisa Murkowski as the winner until the lawsuit is settled.

The newly elected Senate is to be sworn in Jan. 5, and state officials have argued that Alaska will be left with just one senator, Democrat Mark Begich, until the election is certified. Murkowski argues a delay could cost her seniority and top positions on committees.

Miller campaign spokesman Randy DeSoto said the decision on whether to appeal is “under advisement.” DeSoto said by e-mail that Miller wants a hand recount and for the state to toss out Murkowski ballots that he disputes.

“When we’ve ensured that these issues have been addressed, then we’ll have an accurate count, and if Lisa Murkowski’s tally is greater than Joe’s, then he will certainly honor that result,” DeSoto wrote.

Murkowski issued a statement Friday saying it’s time for Miller to give up after decisively losing in court and trailing by more than 10,000 votes more than a month after Election Day.