 The Division of Election officials responded that any recount of non-write-in votes would not be done by hand, but would be done using optical scanners.Miller filed a federal lawsuit on November 9, 2010, seeking to have write-in ballots that contained spelling and other errors from being counted toward Murkowski's total and a seeking preliminary injunction to prevent the counting of the write-in votes from even beginning.He claimed that he had a federal case because State election officials were violating the of the U.S. Constitution and the Equal Protection Clause of the 14th Amendment by using a voter intent standard that allowed misspelled write-in votes to count.