CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 11/3/2023 1

Write-In Spellings 

Miller v. Campbell 

(Ralph R. Beistline, D. Alaska 3:10-cv-252) 

A candidate for U.S. senator sued to enjoin the counting of write-in 

ballots for the incumbent unless her name was spelled correctly. 

The federal judge determined that this was a matter for the state 

courts if they could act promptly. The state courts ruled in favor of 

counting misspellings, and the legislature later amended the election statutes to clarify that slight misspellings were permissible. 

Subject: Voting irregularities. Topics: Write-in candidate; 

matters for state courts; enjoining certification; ballot segregation; 

recusal; presiding remotely. 

One week after the 2010 general election, a bit after 5:00 p.m. on Tuesday, 

November 9, Joe Miller, Republican candidate for U.S. senator from Alaska, 

filed a federal action in the District of Alaska to enjoin Alaska from counting 

as votes misspellings of the name of incumbent Lisa Murkowski, who was 

running as a write-in candidate because Miller had defeated her in the Republican primary election.1

The court originally assigned the case to Judge John W. Sedwick, but he 

recused himself on November 10 because of his “negative opinion of Mr. 

Miller.”2 Judge Sedwick was chief judge when Miller resigned from his position as the court’s Fairbanks magistrate judge, with only minutes’ notice, to 

run for the Senate.3 In addition, Judge Sedwick’s wife contributed to 

Murkowski’s write-in campaign.4

The court reassigned the case to Judge Ralph R. Beistline.5

 He was away 

on vacation at the time, but all of the other judges also recused themselves.6

1. Complaint, Miller v. Campbell, No. 3:10-cv-252 (D. Alaska Nov. 9, 2010), D.E. 1; Miller v. Treadwell, 736 F. Supp. 2d 1240, 1241 (D. Alaska 2010); Order at 1, Miller, No. 3:10-cv252 (D. Alaska Nov. 10, 2010), D.E. 16 [hereinafter Nov. 10, 2010, D. Alaska Order]; Miller 

v. Treadwell, 245 P.3d 867, 874 (Alaska 2010) (“Without seeking a statutorily available vote 

recount by the Division [footnote omitted] or filing a lawsuit in state court to contest the 

election [footnote omitted], on November 9 Miller filed a federal court lawsuit.”); see Kyle 

Hopkins & Sean Cockerham, Miller Files Suit Over Spelling, Anchorage Daily News, Nov. 10, 

2010, at A1; Richard Mauer, Miller Moves Forward with Suit, Anchorage Daily News, Nov. 

23, 2010, at A1. See generally Richard L. Hasen, What to Expect When You’re Electing, Fed. 

Law., June 2012, at 35–37 (summarizing the litigation). 

2. Recusal Order, Miller, No. 3:10-cv-252 (D. Alaska Nov. 10, 2010), D.E. 11 [hereinafter 

D. Alaska Recusal Order]; see Richard Mauer, Judge Steps Down from Miller Case, Anchorage Daily News, Nov. 11, 2010, at A14. 

3. D. Alaska Recusal Order, supra note 2 (“Mr. Miller’s failure to give reasonable notice 

of his resignation left the court with no judicial officer resident in Fairbanks, and no ability 

to fill the vacancy for many months.”); see Mauer, supra note 2. 

4. D. Alaska Recusal Order, supra note 2 (“As a federal judicial officer, it is my duty to 

discourage political activity by my family members, and I do so. Nevertheless, members of 

my family have civil rights which they are entitled to exercise.”); see Mauer, supra note 2. 

5. Docket Sheet, Miller, No. 3:10-cv-252 (D. Alaska Nov. 10, 2010) [hereinafter D. Alaska 
Write-In Spellings 

2 Federal Judicial Center 11/3/2023 

With the help of his three law clerks working in chambers, Judge Beistline 

was able to preside over the case remotely and electronically.7

 No proceeding 

was necessary in his court.8

In his filings, Miller asked the court to order Alaska to respond to his 

motion for a preliminary injunction by noon on November 10 and requested 

a hearing on the motion at 3:00 p.m. that day.9 Miller also sought the court’s 

forgiveness for an overlong brief.10 Judge Beistline ruled that Alaska could 

have five days to respond to Miller’s overlong brief, and Miller could have 

another three days to reply.11

The parties then engaged in a timing spat. On the day of Judge Beistline’s 

order, Alaska moved to dismiss the action on the ground that state court was 

the appropriate forum12 and requested that briefing on its motion be completed by November 15.13 On November 11, the federal Veterans Day holiday, Miller responded that the court’s previous briefing schedule was fast 

enough.14 On the following day, Judge Beistline reaffirmed his original briefing schedule.15 Alaska filed its opposition to Miller’s injunction motion on 

November 15,16 and on that day requested oral argument on November 19, if 

needed, because the lawyer arguing the case would be out of the country after 

that.17 Miller responded that day that he would be out of the state on November 19, so oral argument should be held on November 20.18 Judge Beistline reminded the parties that he would decide whether to hold oral argument after reading the briefs.19

Docket Sheet]; see Mauer, supra note 2. 

Tim Reagan interviewed Judge Beistline for this report by telephone on May 8, 2012. 

6. Interview with Hon. Ralph R. Beistline, May 8, 2012. 

7. Id. 

8. Id. 

9. Plaintiff’s Motion for Shortened Time, Miller, No. 3:10-cv-252 (D. Alaska Nov. 9, 

2010), D.E. 5-10; see Hopkins & Cockerham, supra note 1. 

10. Plaintiff’s Motion for Overlong Brief, Miller, No. 3:10-cv-252 (D. Alaska Nov. 9, 

2010), D.E. 5. 

Local rules limited briefs supporting motions other than motions to dismiss or for summary judgment to twenty-five pages. D. Alaska L.R. 10.1(m). Miller’s brief was thirty-six 

pages in length, including the signature page. Preliminary-Injunction Brief, Miller, No. 3:10-

cv-252 (D. Alaska Nov. 9, 2010), D.E. 5-1. 

11. Nov. 10, 2010, D. Alaska Order, supra note 1. 

12. Motion to Dismiss, Miller, No. 3:10-cv-252 (D. Alaska Nov. 10, 2010), D.E. 17; see

Richard Mauer, Miller Challenged in Wrong Court, State Says, Anchorage Daily News, Nov. 

12, 2010, at A5. 

13. Defendants’ Motion for Shortened Time, Miller, No. 3:10-cv-252 (D. Alaska Nov. 10, 

2010), D.E. 18. 

14. Plaintiff’s Opposition to Shortened Time, id. (Nov. 11, 2010), D.E. 20. 

15. D. Alaska Docket Sheet, supra note 5 (D.E. 21). 

16. Opposition to Preliminary Injunction, Miller, No. 3:10-cv-252 (D. Alaska Nov. 15, 

2010), D.E. 23. 

17. Defendants’ Argument Motion, id. (Nov. 15, 2010), D.E. 27. 

18. Plaintiff’s Opposition to Argument Motion, id. (Nov. 15, 2010), D.E. 28. 

19. D. Alaska Docket Sheet, supra note 5 (D.E. 30); see Richard Mauer, Judge Rejects AFN 

Intervention in Miller Lawsuit, Anchorage Daily News, Nov. 17, 2010, at A14. 
Write-In Spellings 

Federal Judicial Center 11/3/2023 3

Judge Beistline did not hold oral argument.20 On Friday, November 19, 

Judge Beistline ruled that there was no reason to enjoin the counting of the 

ballots, because separate tallies were retained for correctly spelled names and 

incorrectly spelled names.21 Judge Beistline determined that resolution of 

which votes should be counted should be determined by the state courts, so 

he stayed the case and enjoined certification of the election until the state 

courts could resolve the matter, conditional on a state court action’s being 

filed by November 22.22

Meanwhile, Judge Beistline denied a motion by the Alaska Federation of 

Natives to intervene in the action in opposition to Miller: “The State of Alaska is responsible for and fully capable of representing the interests of all its 

citizens.”23

On the day of Judge Beistline’s stay, Miller filed an amended complaint 

and five other documents.24 On Monday, Judge Beistline reminded the parties that the case was stayed.25

Miller filed an action in the state’s Fairbanks court on November 22, adding several objections to how votes were counted.26 On Alaska’s motion, the 

action was transferred to Juneau on November 29, and Judge William B. 

Carey received the case on November 30.27 Judge Carey permitted Senator 

Murkowski to intervene; in addition to defending misspellings of her name, 

she wanted write-in votes for her to count even if the voter did not fill in the 

bubble for write-in votes.28 Judge Carey also denied the Alaska Federation of 

20. Interview with Hon. Ralph R. Beistline, May 8, 2012. 

21. Order at 1–2, Miller, No. 3:10-cv-252 (D. Alaska Nov. 19, 2010), D.E. 39 [hereinafter 

Nov. 19, 2010, D. Alaska Order], 2010 WL 5071599; see William Yardley, Naming of Alaska 

Winner Delayed, N.Y. Times, Nov. 20, 2010, at A11. 

22. Nov. 19, 2010, D. Alaska Order, supra note 21, at 2–4; Miller v. Treadwell, 736 F. 

Supp. 2d 1240, 1241–42 (D. Alaska 2010); Miller v. Treadwell, 245 P.3d 867, 874 (Alaska 

2010); see Becky Bohrer, Miller’s Challenge Will Be in State Court, Anchorage Daily News, 

Nov. 20, 2010, at A1; Hasen, supra note 1; Sandhya Somashekhar, Murkowski Poised for Second Full Senate Term, Wash. Post, Dec. 28, 2010, at A5. 

23. D. Alaska Docket Sheet, supra note 5 (Nov. 16, 2010, D.E. 31); see Intervention Motion, Miller, No. 3:10-cv-252 (D. Alaska Nov. 15, 2010), D.E. 24; AFN Opposition to Injunction, id. (Nov. 15, 2010), D.E. 23; Joinder in Alaska Opposition to Injunction, id. (Nov. 15, 

2010), D.E. 25; see also Mauer, supra note 19 (describing AFN as “the state’s largest Native 

organization”). 

24. D. Alaska Docket Sheet, supra note 5 (D.E. 40 to 45); Miller, 736 F. Supp. 2d at 1241; 

see Bohrer, supra note 22. 

25. D. Alaska Docket Sheet, supra note 5 (D.E. 46). 

26. Docket Sheet, Miller v. Campbell, No. 1JU-10-01007CI (Alaska Super. Ct. Nov. 22, 

2010), records.courts.alaska.gov/eaccess/searchresults.page; Opinion at 4, id. (Dec. 10, 2010) 

[hereinafter Alaska Super. Ct. Opinion], 2010 WL 5072024, filed as attachment to Notice, 

Miller, No. 3:10-cv-252 (D. Alaska Dec. 10, 2010), D.E. 62; Notice, Miller, No. 3:10-cv-252 

(D. Alaska Nov. 22, 2010), D.E. 47 (including a copy of the state-court complaint); Miller, 

245 P.3d at 874; see Mauer, supra note 1. 

27. Alaska Super. Ct. Opinion, supra note 26, at 4; see Becky Bohrer, Murkowski Lawyers: 

Miller Makes False Claims, Anchorage Daily News, Nov. 30, 2010, at A1 (reporting that the 

move of the case 620 miles would bring it closer to the physical location of the ballots). 

28. Miller, 245 P.3d at 874, 877–78; Alaska Super. Ct. Opinion, supra note 26, at 4; see
Write-In Spellings 

4 Federal Judicial Center 11/3/2023 

Natives’ motion to intervene as a party, but permitted it to participate as an 

amicus curiae.29 On Friday, December 10, Judge Carey upheld all decisions 

by the division of elections.30

Knowing that Judge Carey was going to issue his ruling on that day31 and 

wanting to ensure that Alaska would be fully represented when the U.S. Senate convened in January, Alaska moved earlier in the day to lift Judge Beistline’s stay,32 expedite resolution of the case,33 and permit the certification injunction to continue only if Miller immediately appealed a judgment against 

him.34 Judge Beistline agreed to expedite consideration of the motions and 

required a response from Miller by Monday, December 13, at 10:00 a.m.35

Judge Beistline granted Miller’s request for two additional hours.36

On the Monday after Judge Carey’s Friday ruling, Alaska filed amended 

motions taking into account how Judge Carey actually ruled and a briefing 

schedule established by Alaska’s supreme court in the event of an appeal.37

On Tuesday, Judge Beistline denied Senator Murkowski’s motion to intervene38 and accommodated the Alaska supreme-court briefing schedule by 

giving Miller forty-eight hours from the entry of the supreme court’s decision to present his position to the federal court.39

Becky Bohrer, Judge Lets Murkowski Into Case, Anchorage Daily News, Dec. 3, 2010, at A4. 

29. Alaska Super. Ct. Opinion, supra note 26, at 4. 

30. Alaska Super. Ct. Opinion, supra note 26; Miller, 245 P.3d at 874; Miller v. Treadwell, 

736 F. Supp. 2d 1240, 1242 (D. Alaska 2010); see Sean Cockerham, Miller Loses Election Lawsuit, Anchorage Daily News, Dec. 11, 2010, at A1; William Yardley, Court Rejects Challenge 

to Alaska Write-In Votes, N.Y. Times, Dec. 11, 2010, at A14. 

31. See Becky Bohrer, Judge to Rule by Friday on Miller’s Election Challenge, Anchorage 

Daily News, Dec. 9, 2010, at A4. 

32. Motion to Lift Stay, Miller v. Campbell, No. 3:10-cv-252 (D. Alaska Dec. 10, 2010), 

D.E. 48. 

33. Motion to Expedite, id. (Dec. 10, 2010), D.E. 49. 

34. Motion to Recondition Preliminary Injunction, id. (Dec. 10, 2010), D.E. 51 (seeking 

an order that “the injunction against certification will be lifted unless Mr. Miller files an appeal with the Alaska Supreme Court by the end of the business day following the issuance of 

that order”); see Motion to Expedite Motion to Recondition Preliminary Injunction, id.

(Dec. 10, 2010), D.E. 50. 

35. Order, id. (Dec. 10, 2010), D.E. 55. 

36. D. Alaska Docket Sheet, supra note 5 (Dec. 10, 2010, D.E. 64); see Plaintiff’s Statement, Miller, No. 3:10-cv-252 (D. Alaska Dec. 10, 2010), D.E. 61. 

37. Amended Motion, Miller, No. 3:10-cv-252 (D. Alaska Dec. 14, 2010), D.E. 67; Notice 

of Supplemental Facts, id. (Dec. 13, 2010), D.E. 66. 

38. Order at 1, id. (Dec. 14, 2010), D.E. 75 [hereinafter Dec. 14, 2010, Order] (“Murkowski is clearly an interested party in this dispute. However, her interests are well represented 

by Defendants and she raises no new federal claims.”); see Murkowski Motion to Intervene, 

id. (Dec. 10, 2010), D.E. 57; Murkowski Motion for Shortened Time on Her Motion to Intervene, id. (Dec. 10, 2010), D.E. 56; Prospective Intervenor’s Joinder in Motion to Lift Stay, 

id. (Dec. 10, 2010), D.E. 53; Proposed Intervenor Answer, id. (Dec. 10, 2010), D.E. 58. 

39. Dec. 14, 2010, D. Alaska Order, supra note 38, at 2–3; see Sean Cockerham, Ruling on 

Senate Race May Be Today, Anchorage Daily News, Dec. 17, 2010, at A1. 
Write-In Spellings 

Federal Judicial Center 11/3/2023 5

Both Miller and Murkowski appealed the Alaska trial-court ruling,40

which Alaska’s supreme court affirmed on Wednesday, December 22.41

Taking into account the federal holiday of Friday, December 24, Judge 

Beistline gave Miller until 9:00 a.m. on Monday, December 27, to move his 

federal case forward and gave Alaska until the following Wednesday morning to respond.42 On December 27, Miller filed a motion to lift the injunction 

against certification so that Alaska would be fully represented in January, arguing that correction to its representation could be resolved later.43 Miller 

also filed a second amended complaint44 and a motion for summary judgment.45

On December 28, Judge Beistline ruled that Miller’s federal constitutional 

claims were without merit, and he dismissed the action.46

In dismissing the action, Judge Beistline noted, “What we have before us 

is a poorly drafted state statute. Wisdom would suggest that the Alaska Legislature act to clarify it to avoid similar disputes in the future.”47 On May 17, 

2011, Alaska’s governor approved an amendment to Alaska’s statutes providing that “in counting votes for a write-in candidate, the [elections] director 

shall disregard any abbreviation, misspelling, or other minor variation in the 

form of the name of a candidate if the intention of the voter can be ascertained.”48

40. Docket Sheet, Miller v. Treadwell, No. S-14121 (Alaska Dec. 13, 2010), appellaterecords.courts.alaska.gov/CMSPublic/Case/General?q=EggjQXz44W24RgcxhvJhBg==%27; 

Docket Sheet, Miller v. Treadwell, No. S-14112 (Alaska Dec. 13, 2010), appellate-records. 

courts.alaska.gov/CMSPublic/Case/General?q=EggjQXz44W3plArduuNulQ==%27. 

41. Miller v. Treadwell, 245 P.3d 867 (Alaska 2010); Miller v. Treadwell, 736 F. Supp. 2d 

1240, 1242 (D. Alaska 2010); see Sean Cockerham, Supreme Court Rules Against Miller, Anchorage Daily News, Dec. 23, 2010, at A1; Somashekhar, supra note 22; William Yardley, 

Court Ruling Favors Murkowski, N.Y. Times, Dec. 23, 2010, at A23. 

Judge Beistline had a law clerk attend the December 17, 2010, oral argument before 

Alaska’s supreme court to help the judge stay on top of the case’s progress. Interview with 

Hon. Ralph R. Beistline, May 8, 2012. 

42. D. Alaska Docket Sheet, supra note 5 (D.E. 78). 

43. Notice of Consent, Miller, No. 3:10-cv-252 (D. Alaska Dec. 27, 2010), D.E. 79; see

William Yardley, Republican Drops a Tack in Alaska Senate Race, N.Y. Times, Dec. 28, 2010, 

at A12. 

44. Motion to Amend Complaint, Miller, No. 3:10-cv-252 (D. Alaska Dec. 27, 2010), D.E. 

80; Miller, 736 F. Supp. 2d at 1241, 1246 (accepting amended complaint). 

45. Summary-Judgment Brief, Miller, No. 3:10-cv-252 (D. Alaska Dec. 27, 2010), D.E. 82; 

Summary-Judgment Motion, id. (Dec. 27, 2010), D.E. 81; Miller, 736 F. Supp. 2d at 1242. 

46. Miller, 736 F. Supp. 2d 1240; see Lisa Demer, Federal Judge Dismisses Miller’s Lawsuit, 

Anchorage Daily News, Dec. 29, 2010, at A1; Felicia Sonmez, Murkowski Is Certified Victor 

in Senate Race, Wash. Post, Dec. 29, 2010, at A4; William Yardley, State to Declare Victory 

for Murkowski, N.Y. Times, Dec. 29, 2010, at A13. 

47. Miller, 736 F. Supp. 2d at 1243. 

48. Alaska Stat. § 15.15.360(d) (2012); Enrolled 2011 Alaska S.B. 31.