AP offers this report, which shows that Miller now appears to be advancing the due process argument I had raised in my Slate piece. AP: “Miller attorney Thomas Van Flein also said the state’s policy is a departure from past practices of rejecting such write-in votes. Van Flein filed an affidavit from former Lt. Gov. Loren Leman, who served under Murkowski’s father, former Gov. Frank Murkowski. Leman said he would not have accepted misspelled names on write-in ballots.” I’m not sure how Miller’s team would overcome a causation problem—namely that Murkowski’s margin appears to exceed the margin of challenged ballots.