Last Updated: March 23, 2011 at 3:55 PM

Miller v. Lieutenant Governor Craig Campbell, et. al.

Case Information

Date Filed: November 9, 2010
State: Alaska
Issue: Election 2010
Courts that Heard this Case: U.S. District Court for the District of Alaska (Case 3:10-cv-00252); State of Alaska Superior Court, Fourth District (Case 4FA-10-3151)

Issue:

Whether the Defendants are in violation of the Elections Clause of the US Constitution prohibiting the enacting of election provisions inconsistent with legislative mandates, and in violation of the Equal Protection Clause of the US Constitution regarding the policy of attempting to divine the “intent of the voter” from write-in ballots.

Status:

Motion to file Amended Complaint filed 12/27/10.  Miller's Motion for Summary Judgment filed 12/27/10.  Motion in Opposition to Miller's Motion for Summary Judgment filed 12/27/10.  Motion to Expedite Order to Lift Preliminary Injunction filed 12/27/10.  Judgment Dismissing Plaintiff's Complaint (as amended) entered 12/29/10.

District Court Documents

• Complaint (filed 11/9/10)
  • Exhibits A, B, C, D, E, F
• Motion for Preliminary Injunction and Memorandum in Support (filed 11/9/10)
  • Exhibits A, B
  • Affadavit of Thomas V. Van Flein
    • Exhibits 1, 2, 3, 4
• Response to Motion for Preliminary Injunction (filed 11/10/10)
• Order Denying Motion for Preliminary Injunction (entered 11/10/10)
• Motion to Dismiss for Lack of Jurisdiction (filed 11/10/10)
• Alaska Federation of Natives' Opposition to Plaintiff's Motion for Preliminary Injunction (filed 11/15/10)
  • Exhibits A, B
  • Affidavit of Gail Fenumiai
• State's Motion in Opposition to Preliminary Injunction (filed 11/15/10)
• Plaintiff's Amended Motion for Preliminary Injunction (filed 11/18/10)
• Reply Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction, and Opposition to Defendant's Motion to Dismiss for Lack of Federal Question Jurisdiction, or in the Alternative to Abstain (filed 11/18/10)
• Order on Pending Motions and Staying Proceedings (entered 11/19/10)
• Amended Complaint for Injunctive and Declaratory Relief (filed 11/19/10)
• Plaintiff's Second Motion for Preliminary Injunction and Supporting Memorandum of Points and Authorities (filed 11/19/10)
• Motion to Intervene (filed 12/10/10)
  • Exhibit A
  • Proposed Answer
• First Motion for Preliminary Injunction Defendants' Motion To Re-Condition The Preliminary Injunction (filed 12/10/10)
• Response in Opposition to Motion for Preliminary Injunction (filed 12/13/10)
• Response in Opposition to Motion to Intervene (filed 12/13/10)
• Order on All Pending Motions (entered 12/14/10)
• Motion to file Amended Complaint (filed 12/27/10)
  • Amended Complaint
• Miller's Motion for Summary Judgment (filed 12/27/10)
  • Memorandum in Support of Motion for Summary Judgment
    • Exhibits 1, 2, 3, 4, 5, 6
• Motion in Opposition to Miller's Motion for Summary Judgment (filed 12/27/10)
  • Exhibit A
• Motion to Expedite Order to Lift Preliminary Injunction (filed 12/27/10)
  • Exhibits A, B, C
  • Affidavit of Gail Fenumiai
• Judgment Dismissing Plaintiff's Complaint (as amended) with Prejudice (entered 12/29/10)
• Letter from Jerry McCutcheon (filed 1/4/11)

State Superior Court Documents

• State Court Complaint (filed 11/22/10)
• Memorandum of Decision and Order on Motion for Summary Judgment and Cross Motions (entered 12/10/10)

State Supreme Court Documents

• Notice of Appeal (filed 12/13/10)
• Opinion (entered 12/22/10)