Anchorage Superior Court Judge Josie Garton heard part of Rep. Lance Pruitt’s complaint against the Division of Elections, which was argued last week before her, but decided that time is running out and Liz Snyder, who won with 11 votes, needs to be seated at a legislator.
Garton dismissed the case, even though she wrote extensively about how badly the Division of Election screwed up.
Garton didn’t say Pruitt had a bad case, but just did not “allege sufficient facts to show the plaintiff (Pruitt) was entitled to relief under 15.20.540 because the complaint did not allege that any violation … was knowing or reckless, and did not allege facts that would support a finding of knowing or reckless conduct.”
She also chose not to take into account the 50 or more voters that voted in the District even though they had moved out of state, a portion of the case she threw out prior to hearing about the Division of Elections missteps.
Garton concluded that Pruitt failed to allege the “scienter” element of malconduct in the complaint. In other words, the Division of Elections didn’t know its actions were wrong.
Garton noted early in her ruling that the situation is unique because the timeline of the election and the need to swear in the legislators when the session convenes on Jan. 19.
There just is not enough time, Garton said, nearly warning the Supreme Court to not reverse her order.
Pruitt alleged the Division of Elections moved an important polling place for District 27, Precinct 915, just two days before the election, after he had already sent out reminders to voters in the area about where their polling place was.
It was as if Lucy (the Division of Elections) had pulled the football out just as Charlie Brown was kicking.
“The Division (of Elections) did not send out cards to voters in 27-915 to inform them of the intended change, did not publish the intended change in a newspaper, and did not provide notice to the Municipal Clerk, to community councils, or to tribal groups. The Division did update its website to reflect the change,” Garton wrote, missing the fact that the website was only updated in one place, and it was hard for the average person to find.
Even poll workers didn’t know until two days before the election that the Division had changed the location of the polling place. Pruitt, the candidate, was not notified. Voters seemed confused, witnesses said.
But none of this was enough to sway the judge, who ruled that there is just too little time for justice in this case.
She decided it was not, and that the Division’s failures did not “significantly frustrate the purpose of the statute.”
Read the order here:
The group that is contesting this election is collecting donations, according to Randy Ruedrich.
Donations to the D27 RECOUNT FUND should be made to the Holmes Weddle and Barcott Trust Account and will be used to pay legal fees and costs incurred by that firm in connection with the recount and litigation related to the 2020 General Election in House District 27.
Donations can be made to:
ATTN: Stacey C. Stone
Holmes Weddle & Barcott, PC
701 W 8th Ave, Ste 700
Anchorage, AK 99501
Any donation checks should reference House District 27 Recount Fund. Credit card donations can be given online at https://secure.lawpay.com/pages/hwb/trust or over the phone by calling 907-274-0666.
