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Alaska Supreme Court rules against Alyse Galvin in 2020 election challenge of ballot design

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Alyse Galvin has lost again. This time, in court against the Alaska Division of Elections.

When the Division of Elections decided congressional candidate Galvin would be listed as a Democratic Party candidate on the General Election ballot in November, 2020, Galvin objected. She identified as an “independent,” wanted to be listed as an independent, and said it wasn’t fair to have a “D” next to her name.

But there was a problem: She was the Alaska Democratic Party’s official nominee.

She sued. Galvin, who was running for Congress for the second time against Congressman Don Young, sought to stop the Division of Elections from printing and mailing the General Election ballots, saying the ballot design harmed her as a candidate. Her lawsuit didn’t work at the Superior Court, and the election proceeded, with the ballot as designed by the Division of Elections. She appealed to the Alaska Supreme Court.

Galvin was a new breed of shape-shifting Democrat in Alaska who has registered as nonpartisan or undeclared, since in a conservative state like Alaska, Democrats don’t do well running in their own party.

On Friday, the Alaska Supreme Court issued a decision in that lawsuit that, while it didn’t say the State Division of Elections made the right decision putting a D next to Galvin’s name, acknowledged that the division used its best discretion, and agreed with the Superior Court ruling that the injunction Galvin had sought would have jeopardized the prospects of a successful and timely election.

“The superior court did not abuse its discretion by denying Galvin’s requested preliminary injunction because granting the injunction could have imperiled the public interest in an orderly and timely election,” the court wrote.

Win Gruening: Ranked-choice voting is not that simple

By WIN GRUENING

If the election debacle that played out in the New York City’s mayoral race is any indication, Alaska voters may get surprised next year when our first election under a ranked-choice voting system (RCV) is held.  Previously used just in a few school board and municipal races across the country, Alaska became only the second state (after Maine) to approve RCV elections after passage of Ballot Measure 2 last November.  

Touted by its Alaska proponents as “simple as 1-2-3-4” and often referred to as “instant-runoff voting”, the first use of RCV in NYC’s party primaries has been anything but that.  The Democratic mayoral primary held on June 22 had 13 candidates on the ballot and voters were asked to rank their top 5 choices.  A week later, after the initial wave of computer-generated elimination rounds, chaos reigned after the discovery of 135,000 test ballots that were mistakenly included in the vote count.  

Finally, after adding 120,000 absentee ballots the next week and re-running ballot elimination rounds, Eric Adams was declared the winner with 50.5% of the vote – 2 weeks after the election. The results still must be certified. 

Alaska’s new voting system, which is even more complicated than NYC’s, will take effect in our 2022 election cycle.  There are two major changes to Alaska’s elections:

  • partisan primaries are replaced with open top-four primaries for state executive, state legislative, and congressional offices; and
  • in the general election, traditional ballots will be replaced with ranked-choice voting where voters can rank the top four candidates that win in the primaries.

Under Alaska’s new primary system, all candidates for a given office run in a single primary election. The top four vote-getters, regardless of political party, then advance to the general election. 

In the general election, voters rank those four candidates – 1 through 4. If no candidate wins a simple majority, the candidate with the fewest votes is eliminated. That candidate’s 2nd choice votes are then redistributed to the other candidates. The tabulation process continues in rounds eliminating the lowest vote-getters until one candidate receives over 50% of the vote.

In reviewing Alaska election results over the past three elections cycles, it isn’t clear that RCV would have necessarily altered the outcomes of any of the statewide races. But RCV will generate an enormous amount of voter confusion.

Instead of filling in just 3 or 4 ovals as they would on a traditional general election ballot, voters could now be asked to fill in 25 or more ovals, creating countless opportunities for mistakes. If a voter ranks more than one candidate as their first choice, it will be treated as an “over-vote” and be invalidated. Voters will likely inadvertently leave ovals blank thereby depriving themselves of a vote on subsequent elimination rounds.  

The initial unofficial results, hopefully available soon after polls close, will be updated periodically as absentees arrive up until the 15th day following the election. It isn’t until after all absentees are counted that election computers will then begin the elimination process, if necessary, to re-allocate 2nd choice votes, 3rd choice votes and so on.

The ultimate outcome of some races, therefore, could remain in doubt for weeks and results could change dramatically. If vote results are contested, the procedure for recounting will be largely opaque, controlled by vote-counting software that automatically re-adjusts vote totals.  

This is the radical change that voters approved, albeit by only a thin 1% margin. 

But voters can educate themselves on the races so they’re ready to vote for their candidates before entering the voting booth. With our new open primary, candidate party labels may or may not be accurate so one cannot rely on them. It’s also important to note that, in a heavily contested multi-candidate race, only voting for one candidate, or ”bullet voting”, makes it more likely that the candidate you least prefer may win.

Hats off to the Alaska Division of Elections that already has begun educational efforts.

Regrettably, the traditional principle of one-person one-vote that has served our country well for hundreds of years has been replaced by a confusing and unproven system.  

The change isn’t simple, and Alaskans need to prepare for it.

After retiring as the senior vice president in charge of business banking for Key Bank in Alaska, Win Gruening began writing op-eds for local and statewide media. He was born and raised in Juneau and graduated from the U.S. Air Force Academy in 1970. He is involved in various local and statewide organizations and currently serves on the board of the Alaska Policy Forum.

Tshibaka wins Alaska Republican Party endorsement for U.S. Senate

Kelly Tshibaka asked the Alaska Republican Party State Central Committee for its endorsement today for U.S. Senate. The State Central Committee debated the question on procedural matters briefly, and quickly took a vote.

By a margin of 58-17, Tshibaka won that endorsement handily. The support for her Senate candidacy was over 77 percent of those voting, with just five voting members abstaining.

Tshibaka announced her challenge to Sen. Lisa Murkowski on March 29, two weeks after the Alaska Republican Party had voted — by the same 77 percent — to censure Murkowski over her history of actions that have been counter to the platform and interests of the Republican Party. However, the 58 votes to endorse Tshibaka was greater than the 53 votes in March to censure Murkowski.

Read: Alaska Republican Party votes to censure Sen. Lisa Murkowski

“I am grateful and thrilled to have the strong support of the Alaska Republican Party, which voted overwhelmingly to endorse my candidacy for the U.S. Senate,” she said. “We all share a unified goal: to promote the principles upon which our country and state were founded. I have pledged that I will be true to our shared, conservative Alaska ideals and be a senator upon whom they can depend to make every decision based on what is best for our great state.”

Over the past several weeks leading up to the Republicans’ quarterly meeting, several Republican districts voted to endorse Tshibaka, and earlier this month she was endorsed by former President Donald Trump.

“We now move forward with a united front, determined to defend Alaska from the continued onslaught of the radical Biden administration. We need a senator who will stand with Alaskans and not cozy up to the Washington, D.C. insiders, a senator who has earned the trust of the people and strives to keep it every day. It is time for conservative leaders, with courage and common sense, to rise together across the nation. I am honored to be endorsed as that candidate for Alaska,”  Tshibaka said.

Read: Three more districts endorse Tshibaka

Three more districts endorse Kelly Tshibaka for U.S. Senate

Three more Republican district organizations endorsed Kelly Tshibaka for U.S. Senate, including District 3 of North Pole, District 31 of Kenai Peninsula-Homer, and District 40, the most northern political district in the United States.

Tshibaka is running against incumbent Sen. Lisa Murkowski. The three districts bring the total number to 12 that have endorsed the Republican challenger. 37 of the 40 House districts have Republican organizations, which means nearly one third of the organized districts have now voted to support Murkowski’s challenger.

Tshibaka was in Fairbanks on Friday, and attended a meet-and-greet with interested people at the Red Lantern restaurant, where over 40 attended. She was spotted later at the Allen West-Gov. Mike Dunleavy event, a fundraiser for the Alaska Republican Party at the Event Center in Fairbanks.

Kelly Tshibaka meet-and-greet in Fairbanks on July 9, 2021.

The other districts that have endorsed Tshibaka are 8, 12, 13, 14, 15, 21, 23, 29, and 30.

Republicans meeting in Fairbanks on Saturday have been asked by two Republican women’s clubs to endorse Tshibaka at the state party level; Tshibaka herself has sent a letter requesting the endorsement.

In March, the party censured Sen. Lisa Murkowski for her various roles in opposing President Donald Trump, including Murkowski’s role in voting to convict him in the impeachment process after he had already left office.

Tshibaka has earned the endorsement of former President Donald Trump.

First big cruise ship in 21 months arrives in Alaska: Serenade of the Seas

The first large cruise ship to dock in Alaska in over 20 months arrived in Ketchikan on Friday, when the Royal Caribbean Serenade of the Seas pulled into port. It was a test run.

The Centers for Disease Control had federal officials onboard, and after a day in Ketchikan the ship turned and returned to Seattle to complete what is known as a “simulated cruise.”

The 2020 cruise season in Alaska was a bust, due to restrictions caused by the Covid-19 pandemic. Most of Southeast Alaska’s economy has suffered immense harm because of the lack of visitors. Prior to 2020, Alaska had over 1 million cruise passengers a season, dropping to zero passengers in 2020.

Still in effect are Canadian government restrictions, which required congressional action to overcome. On May 20, Congress approved a bill to waive the requirements of Alaska-destined cruise ships to make port calls in Canada, and President Joe Biden signed the waiver.

Politicians, such as Sen. Lisa Murkowski, and civic leaders were on hand to greet the ship in Ketchikan. The Serenade had only about 300 people onboard — all volunteer passengers — and was essentially operating to show the CDC that it had good Covid-19 protocols in place.

Royal Caribbean released health protocols for Serenade cruises on July 1, which include wearing face masks in the public areas of the ship, and social distancing rules onboard.

Among activities that were monitored by the CDC:

  • embarkation and disembarkation procedures, including terminal check-in
  • on board activities, including at dining and entertainment venues
  • evacuation procedures
  • transfer of symptomatic passengers or crew, or those who test positive for SARSCoV-2, from cabins to isolation rooms
  • quarantine of all remaining passengers and non-essential crew
  • other activities listed in CDC technical instructions and orders

Serenade is one of two Royal Caribbean cruise ships scheduled to sail to Alaska this year. Ovation of the Seas is scheduled to begin Aug. 13 for an abbreviated season.

Serenade will sail 7-night cruises, with stops in popular ports of call, including Juneau, Sitka, Ketchikan and Icy Strait Point, Alaska, Endicott Arm fjord, and Dawes Glacier of Glacier Bay, but not Skagway.

Attending a formal event on the dock to welcome the ship were Lt. Gov. Kevin Meyer, Mayor Bob Sivertson and Rodney Dial from the City and Borough of Ketchikan, and chamber of commerce representatives.

District 30 Republicans endorse Tshibaka

Kenai District 30 Republicans joined several other districts in endorsing candidate Kelly Tshibaka for U.S. Senate.

The district polled every district officer and the vote was unanimous. It brings the number of Republican district organizations to nine that have chosen Tshibaka over incumbent Republican Lisa Murkowski.

The other districts are: 8, 12, 13, 14, 15, 21, 23, and 29. 

District 30 is one of the strongest, most organized districts in the state, with a full slate of officers and leadership in every precinct position filled. It is represented by state House Rep. Ron Gillham and state Sen. Peter Micciche.

Also endorsing Tshibaka are both Kenai Republican women’s clubs, both Mat-Su Valley Republican women’s clubs, and the Anchorage Republican Women’s Club. Bikers for Trump, and former President Donald Trump himself have endorsed Tshibaka, who was raised in Anchorage.

The Alaska Republican Party has organizations in 37 of the 40 districts in the state, which are organized around state House seats. The Republicans will meet at their State Central Committee in Fairbanks on Saturday, when it’s expected at least two voting entities — women’s clubs or districts — will request an endorsement from the party for Tshibaka.

Woman who wore Trump mask on jet starts website to ‘expose Alaska Airlines’

Sara Gamache, who was kicked of an Alaska Airlines jet on June 24 because of her Trump mask, has started a website to gather more stories from others who believe they have been discriminated against by the airlines.

On ExposeAlaskaAirlines.com, Gamache tells her story in full, with greater detail than the Must Read Alaska story posted last week, and her husband also tells the story from his perspective. On social media, she Sara she is hoping to start a class action lawsuit.

Read: Woman says she was removed from Alaska Airlines jet for her Trump mask

Caleb Gamache wrote: “My wife posed no risk to the passengers or crew at any time and complied quickly with every request from the flight attendants. Any delays to the flight were caused by the overzealous flight attendant who seemed to take personal offense to the political statement on Sara’s mask. I view this as an egregious affront to both my wife’s 1st Amendment Rights and corporate sponsored intolerance to people of different beliefs. I truly believe that if the political statement present on my wife’s mask matched the corporate culture of Alaska Airlines then there would have been no interference from the cabin crew. Further, it is patently irresponsible for the cabin crew to demand my removal from the flight. I was in compliance with all FAA, CDC and Alaska Airlines policies and presented no definable threat or concern to the safe operation of the aircraft. To me, my removal from the flight was simply another punishment doled out to ensure that a singular political optic was adhered to by the current passengers of the flight and as a warning to future passengers that may choose to fly with this airline. At no point should either of us been removed from the flight and I hope that Alaska will choose to educate their employees on tolerance and understanding of those who hold different beliefs than them.”

Alaska Airlines has not responded to a request from Must Read Alaska for their perspective on the incident.

Sen. Rand Paul vows to introduce bill to repeal airline mask mandate

On Twitter Thursday, Sen. Rand Paul of vowed to introduce legislation to remove the mask mandate now in effect for airlines.

“When the Senate returns to session, I will be introducing an immediate repeal of the mask mandate on planes,” Paul wrote. “Enough! Time to stop this farce and let people travel in peace!”

Paul,  a Republican and the junior United States Senator from Kentucky since 2011, is a physician who has been a critic of the Biden mask mandates contained in the transportation executive order signed by the president on his first day in office.

The Senate returns to session on July 12.

Interior Secretary sets up a woke task force with equity lens on Black Lives Matter riots, law enforcement’s role last summer

In response to the last summer’s fiery, sometimes violent, and destructive Black Lives Matters protests at the nation’s Capitol, Interior Secretary Deb Haaland is creating a task force to look at policing policies in the Interior Department’s law enforcement agencies and whether they handled the situation properly.

Haaland’s memo outlining the task force said the focus will be on building strength the trust in the Interior Department’s law enforcement subsections, including in the National Park Service, the Fish and Wildlife Service, the Bureau of Reclamation, the Bureau of Land Management, and the Bureau of Indian Affairs. 

Haaland referenced a report from the Office of Inspector General, entitled “Review of U.S. Park Police Actions at Lafayette Park,” which detailed the actions the U.S. Park Police used to disperse protestors in and around Lafayette Park in Washington, DC, during the unrest that went three weeks from May 28 to June 23, 2020. Secret Service agents suffered broken bones due to rocks and bottles of urine and alcohol thrown at them by the rioters.

The task force will use what Haaland calls an “equity lens” and “evidence-based decision making,” to look for ways to improve the agency’s law enforcement program and build trust with minority communities.

“This task force will focus on ways to (1) strengthen trust in our law enforcement programs; (2) ensure appropriate policy and oversight is implemented; and (3) ensure supportive resources are available for officer mental health, wellness, and safety,” she said.

“The task force shall also involve experts from the Office of Diversity, Inclusion and Civil Rights and from the Office of Human Capital, at a minimum, and will request engagement from other entities in the Department as needed,” Haaland wrote.

“I am confident that this Department-wide approach will identify meaningful solutions to assist law enforcement and communities in strengthening trust and collaboration, while ushering the Nation into the next phase of community-focused law enforcement,” she wrote. (Emphasis ours)

The protests in Lafayette Park were sparked by the killing of George Floyd in Minneapolis and were part of nationwide rioting and looting, but the D.C. protest was aimed largely at President Donald Trump during an election year, and police used flash bangs, tear gas, and shields to safely clear the Black Lives Matter protesters from the area.

Black Lives Matter sued the Trump Administration, but last month a federal judge ruled Black Lives Matter can’t claim damages over the removal of their protesters from Lafayette Square.

U.S. District Judge Dabney Friedrich dismissed claims that Trump, former Attorney General Bill Barr, and former Defense Secretary Mark Esper had coordinated a conspiracy directed at black protesters.

“Merely alleging that the defendant officials communicated, without alleging any details of those communications that suggest an unlawful agreement, cannot justify inferring the requisite agreement” Friedrich wrote.

Now, the Interior Department will take its own shot at the Trump Administration over the clearing of the Lafayette Park riot, which Trump opponents say was done so that Trump could walk to a nearby church for a media appearance.

Trump’s appearance at the historic St. John’s Episcopal Church on Lafayette Square across from the White House, which had been set on fire by rioters, enraged Trump opponents, who said it was Trump showing false piety and that he is a white supremacist. Trump went to the church as a symbol to the nation that he would restore order in the Capital and not allow the destruction of historic property and monuments.

The protesters came so close to the White House on May 30, 2020 and were so volatile that the Secret Service ushered Trump into a basement bunker designed to protect the president from a terrorist attack, as protesters threw rocks and tried to break through police barricades.

Protesters crossed temporary barricades set up near the Treasury Department buildings and entered President’s Park, next to the White House.

Rosa Pineda photo from Wikipedia.