 Miller then appealed the Superior Court ruling to the Alaska Supreme Court, citing a provision in the Alaska election statute that says there shall be "no exceptions" to the rules for counting ballots, and that therefore, all ballots with misspellings or other deviations should be thrown out.After oral arguments were heard on December 17, on December 22, the Alaska Supreme Court upheld the lower court's ruling dismissing Miller's claims.On December 26, Miller announced that he would be withdrawing his opposition for Murkowski's senate certification, but would continue pursuing the federal case.