Joe Miller looks destined to lose the Alaska Senate election if all the votes are counted. Naturally, he subsequently wants to make sure all the votes aren’t counted. Miller wants to force a change to the stated intention of the Alaska Elections Board on how they will count write-in ballots.

Votes that misspell Lisa Murkowski’s name shouldn’t count as the state today tallies write-in ballots in the U.S. Senate race, Senate candidate Joe Miller said in a federal lawsuit Tuesday.

Miller is asking a judge to stop the state from making a judgment on a voter’s intentions if the voter wrote in something other than “Murkowski” or “Lisa Murkowski.” State law allows no leeway for other spellings, his lawsuit says [...]

The campaign seeks to block the state from “counting or otherwise accepting as valid any write-in ballots in which the name of the candidate is spelt incorrectly, or on which the name of the candidate is not written as it appears on a write-in declaration of candidacy,” according to the complaint.

While Miller’s lawsuit claims that the state waited until after the election to announce that they would use voter intent to determine ballots, it was clear for months that this was the case. As far back as September, the Board of Elections said that the last name need not be spelled correctly, only as correct as needed to determine voter intent. And the state pointed to substantial case law in making that determination. So Miller only pushed for statutory relief now that his campaign sees the possibility of losing.

Adam Bonin adds that Miller makes a number of other arguments in the lawsuit, including the claim that voters who misspelled Murkowski’s name perhaps wanted to register a protest vote, which seems to take voter intent to ridiculous levels.

Good to know that at least some Republicans still support frivolous lawsuits.