Joe Miller set to take legal battle to state court

Republican Joe Miller is expected to take his legal battle to state court Monday, as the Tea Party favorite still won't concede defeat to Sen. Lisa Murkowski (R) in Alaska's Senate race. 

Murkowski was declared the winner this past Wednesday by the AP and she claimed victory at an event with supporters after more than a week-long count of write-in ballots showed her with an insurmountable lead over Miller.    

Late Friday, a federal judge said he would grant Miller's request for an injunction that would prevent state elections officials from certifying the results of the Senate race, but said Miller's lawsuit over voter intent belongs in state court. 

Miller wants more than 8,000 write-in ballots, which his campaign has challenged for misspelling Murkowski's name or other irregularities, thrown out. 

If that effort is successful, Miller has indicated he will press ahead with a request for a full hand recount of ballots. 

Still, the math appears all but insurmountable for Miller, and it remains unclear just how far he intends to take his lawsuit. Even if a judge rules all of the ballots challenged by his legal team invalid — which most observers in the state think is highly unlikely — Murkowski would still lead by more than 2,000 votes. 

State elections officials have also indicated that a full hand recount might not even be an option for Miller. 

Alaska's state Republican Party has already called on Miller to concede, but the National Republican Senatorial Committee is still withholding judgment. 

The NRSC backed Miller in the general election, but according to Murkowski, Chairman John Cornyn (Texas) congratulated her on the Senate floor last week.

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