Alaska's Miller to decide on legal challenge by Friday

Alaska Republican Joe Miller is expected to announce by Friday whether he will continue his legal challenge of the results of the state's Senate race. 

A federal judge on Wednesday threw out Miller's lawsuit disputing write-in ballots cast in favor of his opponent, Sen. Lisa Murkowski (R-Alaska), who won the general election running as a write-in candidate. Miller plans to hold a news conference Friday to make public his plans, according to The Associated Press.

Miller could appeal the decision made by the 9th U.S. Circuit Court of Appeals. He issued a statement Wednesday saying he was "disappointed" with the federal judge's decision and is currently weighing his options.

"My legal team believes that the clear language of the Election Clause as well as precedent support our claims. Thus, we are evaluating the ruling and determining what our next step should be," he said.

But Murkowski is virtually assured to be seated again as senator when Congress returns Jan. 5 to the nation's capital. The federal judge lifted the hold he had placed on her certification along with his decision to dismiss the case.

The Alaska Supreme Court unanimously ruled against Miller, and upheld a state court's ruling, to dismiss his case. But he is also challenging the results in federal court. Miller is disputing the accuracy of a number of write-in ballots cast in favor of the incumbent senator.

Miller pulled a surprising upset of Murkowski in the August GOP primary but lost to her in the November election.

Should Murkowski be seated Jan. 5 as expected, she would begin her third term in the upper chamber.

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