The State of Alaska is asking a federal court to throw out a lawsuit by the Joe Miller campaign that was filed Tuesday over the state’s use of discretion in interpreting write-in ballots.
The state says the issue is not a federal one.
“The plaintiff in this case has attempted to dress his state-law claims in federal-question clothing, in order to go forum-shopping,” the motion for dismissal read.
The motion says federal courts have a limited jurisdiction and only have the power authorized by the Constitution and by statute.
The state also asked for the court to expedite its decision, which the court granted. The Miller campaign must respond by 4:30 p.m. Friday and the state again by 10 a.m. Monday.
The court was already scheduled for a hearing on the preliminary injunction filed by the Miller campaign for early next week.
Lawyers for the Miller campaign filed an opposition to the motion for “shortened time,” saying the motion for dismissal doesn’t only challenge the validity of Miller’s claims, but says it injects an entirely new issue into the case – the federal Railroad Commission v. Pullman Co. decision, which the state cited to claim the federal court had no jurisdiction.
They asked that the court give Miller “slightly more than 48 hours to research these issues and file his opposition brief.”