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.
Sounds like the same kind of judge that President Trump’s lawsuits has ran up against. Give a pile of evidence about voter fraud and crooked officials and the court says yeah oh well.
Agreed. Possibly the most corrupt judiciary in the nation.
Judicial ignorance
And THIS is why we can’t trust our elections: Judges! They decide they can change laws during or just after an election and affect the outcome and that’s okay. They decide that we can’t afford or have the time to have another, FAIR election. We’ll just have to eat the BS and deal with it because JUDGES have decided it’s less trouble.
Murkowski, 2010. Snyder, 2020.
THIS IS NOT JUSTICE.
So Lance was wronged but its ok to cheat just enough to win?
So, she acknowledges they made mistakes that would have changed the result, but that the result must stand nonetheless? Not the smartest move if you want people to have confidence in the system!
At least she acknowledged they made mistakes I guess. More than can be said for most judges…
Now, if a democrat had been wronged, bet that the decision would have been just the opposite….
I’d take it to the supreme Court anyway. Judges are scared to death to have something come back on them.
We expected nothing different.
.
Might be interesting to find out the litigants are in contact with Sidney Powell & co. for advice and assistance with the next step
.
… beginning with this challenge: What in Alaska’s Constitution empowers a judge to decide voters shall be disenfranchised because, in the judge’s opinion, there’s no time for a special election?
.
Is the judge making law or interpreting it?
.
Good luck, Pruitt, you’ll need it.
Not enough to time!? Why care so much about this Jan 19th deadline?Just do YOUR job.
Remember that Judge Suddock wasn’t worried about deadlines when he rewrote state election law to allow the Walker – Mallott Unity Ticket on the ballot long after the deadline for candidate changes was passed. Apparently deadlines only apply to the Little People, aka Republicans. Cheers –
Judge needs to read Isiah 10: 1-2
God will bring justice against crooked judges and those who make unjust laws. Those who oppress others will be oppressed themselves. It is not enough to live in a land founded by justice; each individual must deal justly with those who are poor and powerless. Don’t pass your responsibility off to the government or even your church. You are accountable to God for what you do for people who are poor.
If the judge thinks there isn’t enough time for justice to be served she should step down immediately.
To Judge Garton:
First, you are to be commended for hearing the case, rather than outright dismissing it for lack of standing, or frivolity.
Second, you didn’t finish your duty as a judge. That is, a logical court reasoning which finds that “the last-minute relocation of a polling station likely affected the outcome of this election.”
Third, there is always a remedy available in the law, which in this case
requires a special election. The court has discretion to craft a reasonable remedy. This one is reasonable.
Fourth, the court’s reasoning that there is not enough time to hold another election is a cop-out by the Court. Of course there is enough time. Georgia is holding 2 US Senate races in shortened time. In 2019, Gary Knopp single-handedly held-up the entire legislative session by 6 weeks.
This is a case of first impression. You started out by doing the right thing, Judge. You showed initial fairness to both parties. However, the fairness ended quickly because you didn’t want to courageously demonstrate judicial craftsmanship with respect to elections. Here, fairness ended before it really got off the ground, and now your decision looks unfair.
This case needs to go to the AK SCt. for review. The lower court’s ruling was unreasoned and beyond the bounds, because the principle of fairness was ultimately unrendered by this Court.
Yeah, it was a fraud but nothing can be done about it now. Same as the court in WI. You deplorables will just have to get over it.
“Judge” Garton might want to consider counsel herself. Maybe she thinks she is too smart to need an attorney. The old saying, ‘a person that represents their self has a fool for a client’, comes to mind. This “superior” court judge is overstepping her authority and needs to be called on it. Her pseudo ‘decision’ could impact election results and criminal proceedings far and wide. Government needs to be held accountable to the owners, citizens. Money comes into play here. The financial means to challenge her in another leftist appeals court, including the Alaska Supreme Court, are not within the average citizens’ means. The local, state and federal gov’t are the only ones ‘rich’ enough that I personally know to pursue unending lawsuits, right or wrong. Our representatives, senators and governor are supposedly our voice in government. We have them instead of lawyers, to represent our best interest. It sure doesn’t seem that way, when the ‘big picture’ is perused. Is there no doubt by anyone regarding the 48,000 more voters than registered to vote in Alaska? Is there any doubt about prop 2 reversing trend and losing, only after ‘mail in’ votes were ‘counted’? When the state supreme court said “does not need a witness” or legible, authentic signature to be a legal mail in vote? Is there doubt there? Is Anchorage in the throes of becoming a dying population/business hub? Is the ‘mayor’ a democrat? The Division of Elections does not make the rules, they only apply them. The legislature and only the legislature may make, amend or change election rules and procedures, per the Constitution of the United States. Illegal is illegal, regardless of ‘enough time’, especially with elections. The superior court judge is making unconstitutional rulings. The supreme court is unconstitutional in their election procedure rulings also. Where is the next appeal aimed?
Come on DJT. Lower the boom.
Never the wrong time to do the right thing!
.
Leave the incumbent seated and rerun the election.
Once again our courts pander to those who are willing to go to any depth of deprivation to win at all costs. This is clearly a miscarriage of justice. We should never run out of time to ensure the justice and right thing is done. Here is another judge to be added to the list of those who needs to be voted out. My list will have this one highlighted with stars.
One good thing that has come out of this election cycle is the spotlight being put on the hordes of judges throughout the land being exposed as partisan, corrupt, incompetent fools!
Pruitt and his attorney relied on Republican political strategist Randy Ruedrich to make the case that the polling place location deflated Election Day turnout. Well that went well for Lance, may have to look for a real job now. Or maybe his wife, could open up a spot for him.
So, the election will stand, despite the shenanigans, because there is not enough time to have a special election?
Just checking, is this the first time in AK history where the legislature will be sworn in with an empty seat? Is there no process for doing so?
I’m not sure about all the outrage for this issue. The election was run under Gov Dunleavy and Lt Gov Meyer who have the ultimate responsibility for the change to polling station.
Why haven’t we heard from them on this issue? The State’s Attorneys are the one defending it ( Governor is directing them).
Many are misplacing the blame to the courts.
With that said, I am fine with Pruitt not getting sent back. He never did much anyway. Maybe the Gov feels the same way.
So the new way not to be in trouble is not enough time judge.
Unless of course Dennis, we don’t have to get over it!
So, in essence….the laws don’t matter any more.
You can make it all up as you go along.
Thanks, Judge.
Well done.
You’re setting a terrific example.
Make the Time! Redo….
When is enough enough? When are we the people going to stand up for what is right?
Ah …… yea we know their is wrong doing.
But we’ll make sure to remedy that ………..NEXT TIME!
Is the judge in an an elected position? ….when is that election?
Will we have time to run a campaign against “Not enough time” Garton?
Not only that, we have to s-can all those beand new dominion machines also….
BTW, who authorized the purchase of those Commie vote machines in the 1 st place…
Hopper – I was curious about who authorized the purchase of the Dominion voting machines also, so I e-mailed a Ms. Fenumiai, a department head, at Division of Elections. She couldn’t., or wouldn’t, tell me who actually authorized the purchase of the machines. She did state that a Dottie Whitehead at the Division authorized the RFP for proposals in April 2019. After that the trail runs cold. I suspect that the public will never know who it was that signed on the dotted line.
Comments are closed.