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Eight apply for Supreme Court vacancy

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Eight attorneys have applied to the Alaska Judicial Council for an upcoming vacant position on the Alaska Supreme Court and three applied for the Palmer District Court, the Alaska Judicial Council announced today.

The Supreme Court applicants are:

Dario Borghesan: Borghesan has been an Alaska resident for 11-1/2 years, and has practiced law for 9-1/2 years. He graduated from the University of Michigan Law School in 2008, and is currently a chief assistant attorney general in Anchorage.

Dani Crosby: Judge Crosby has been an Alaska resident for 33 years, and has practiced law for 23-1/2 years. She graduated from Gonzaga University School of Law in 1996, and is a superior court judge in Anchorage.

Kate Demarest: Demarest has been an Alaska resident for 9-1/2 years, and has practiced law for 11-1/2 years. She graduated from University of Minnesota Law School in 2008, and is currently a senior assistant attorney general in Anchorage.

Jennifer Stuart Henderson: Judge Henderson has been an Alaska resident for 16-1/2 years, and has practiced law for 16-1/2 years. She graduated from Yale Law School in 2001, and is currently a superior court judge in Anchorage.

Yvonne Lamoureux: Judge Lamoureux has been an Alaska resident for 15-1/2 years, and has practiced law for 16-1/2 years. She graduated from University of Virginia School of Law in 2003, and is currently a superior court judge in Anchorage.

Margaret Paton Walsh: Paton Walsh has been an Alaska resident for 15-1/2 years, and has practiced law for 14-1/2 years. She graduated from Harvard Law School in 2004, and is a chief assistant attorney general in Anchorage.

Paul A. Roetman: Judge Roetman has been an Alaska resident for 47-1/2 years, and has practiced law for 18 years. He graduated from Regent University School of Law in 1999, and is a superior court judge in Kotzebue.

Jonathan A. Woodman: Judge Woodman has been an Alaska resident for 20 years, and has practiced law for 26 years. He graduated from the Ohio State University College of Law in 1993, and is a superior court judge in Palmer.

The applicants for the Palmer District Court are:

Craig S. Condie: Magistrate Judge Condie has been an Alaska resident for 15-1/2 years, and has practiced law for 15-1/2 years. He graduated from the University of Utah School of Law in 2004, and is a magistrate judge in Palmer.
Tom V. Jamgochian: Jamgochian has been an Alaska resident for 15-1/2 years, and has practiced law for 14-1/2 years. He graduated from the University of California, Hastings College of the Law in 2004, and is an assistant district attorney in Nome.

Eric Senta: Senta has been an Alaska resident for 35-1/2 years, and has practiced law for 9-1/2 years. He graduated from University of Minnesota Law School in 2010, and is an assistant attorney general in Anchorage.

The applicants will be screened by the Council’s seven members (the chief justice, three non-attorney members, and three attorney members). A survey of Alaska Bar Association members, and personal interviews with the applicants are part of the evaluations, according to the Council’s Executive Director, Susanne DiPietro. Interviews with applicants and a public hearing will be held in May.

The Council will select two or more nominees for each vacancy to send to the governor. The governor will have 45 days to make appointments from the Council’s nominees.


Recall group can collect signatures, high court says

THE FIX IS IN, RECALL ELECTION WILL LIKELY BE IN JUNE OR JULY

Recall Dunleavy Committee can proceed with collecting signatures on the petition to recall the governor, even while the case is being argued before the Supreme Court. The ruling came on Friday afternoon.

The Supreme Court said that while the Superior Court judge considered the harm to Stand Tall With Mike, if the petitioners were allowed to proceed with their signature gathering, the Superior Court judge did not consider the harm to the recall committee.

“However, the superior court did not expressly consider the harm to Recall Dunleavy resulting from a stay, and as a result it appears to have applied an incorrect analysis,” the ruling states.

The ruling is a serious setback for the team defending Gov. Mike Dunleavy, represented by both the State Department of Law, in its capacity of defending the Division of Elections, and Stand Tall with Mike, an independent group.

The rapidity of the court schedule is what is most telling:

The briefs have to be filed in 11 days, and oral arguments are set for March 25. Even more telling is that the court has said it would rule on the same day.

The court appears to be ready to ramrod the matter through so the question can appear on special election, low-turnout ballot, in the middle of the summer.

Alaska transgender wo/man marathoner could compete in Olympics trials as female

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A transgender female Alaskan, born male but with the help of drugs is living as a woman, may be the first transgender athlete to compete in the U.S. Olympic marathon trials in Atlanta this month, if he/she qualifies passes the ‘chemistry” test.

Megan Youngren, 29, qualified for the women’s marathon trials when he/she placed 40th in Sacramento at the California International Marathon on Dec. 8. The Olympic marathon trial in Atlanta is Feb. 29.

Youngren is from Soldotna. He/she began taking hormones in 2011 to suppress male qualities and enhance female qualities, and “came out” as transgender in 2012. He/she began running in 2013 to lose weight associated with the medications, and for health reasons, according to Sports Illustrated, which described Youngren as an Alaska Native.

U.S. Track and Field’s transgender policies include “certain medical benchmarks be achieved,” including not having testosterone over a certain level for the year leading up to the competition. The organization stops short of requiring surgery for men presenting as women; for women transitioned to appear male, there are no barricades to competing against men.

“The intent of this policy is to establish competitive eligibility and to help ensure fair competition. The policy also contains safeguards to protect the privacy of any athlete(s) making the request for eligibility.”

Youngren competed in the Fairbanks Equinox Marathon in 2016. In August of 2019 Youngren finished second overall in the Kenai Salmon Run, placing ahead of 10 men in that race. He/She also finished second in the Anchorage RunFest marathon among women, and third overall. In the Anchorage Mayor’s Marathon in 2019, Youngren came in second in the women’s division, behind former UAA skier and current assistant Nordic coach Marine Dusser, whose time of 3:05:49 beat Youngren by 22 seconds.

In Connecticut this week, the parents of three teen women filed a federal lawsuit Wednesday to block transgender athletes in Connecticut from participating in girls sports.

Represented by the Alliance Defending Freedom, the three teen athletes are saying that those with male anatomy who are competing in their division are depriving from from track titles and scholarship opportunities.

Bloomberg on rise in Alaska?

THE BETTING MARKETS ARE NOW WEIGHING HIS CHANCES

The betting markets are one way to get a gauge on what voters really think. Increasingly, they think Bloomberg is making inroads in the Democrat Party in Alaska and across the country.

The latest PredictIt.org charts show that while Bernie Sanders is still No. 1 with Alaska Democrats, Michael Bloomberg is all of a sudden worth placing a bet on.

On Jan. 25, the top betting pools were for Bernie Sanders – 68 cents, Joe Biden 27 cents, and Elizabeth Warren, 12 cents. At the bottom were Andrew Yang, Pete Buttigieg, and Amy Klobuchar.

Snapshot of the Jan. 25 PredictIt.org bets on the Alaska Democrat primary winner. Michael Bloomberg was not even on the list.

Since Jan. 25, the mood has shifted. Now, Bernie Sanders contracts are selling for 73 cents, but Michael Bloomberg came out of nowhere and is in second place, at 18 cents for the Alaska Democrat Primary.

After the Iowa Caucus and New Hampshire Primaries, the Democrats and the mainstream media are looking for who they can back as the person who will beat Donald Trump, and they’re nervous about the strength of Sanders.

The gamblers give them reason to take a look at Bloomberg . While Sanders is still far ahead of the pack and Bloomberg was not even on the list of wagered candidates in January, now, the national bets put Bloomberg far ahead of Biden and Buttigieg, while Elizabeth Warren is hardly registering for bets.

In Alaska, Sanders is still strong, followed by Bloomberg, who is clearly on the rise and who has been endorsed by Anchorage Mayor Ethan Berkowitz:

On Feb. 14, Bernie Sanders is rising, but all of a sudden, Michael Bloomberg is showing up on the charts in Alaska Democrat Primary betting.

Bloomberg is spending heavily on his campaign. NBC News reports that the billionaire spent more than $1 million a day on average during the past two weeks on Facebook and Instagram ads.

The Nevada Democrat Caucus is held on Feb. 22, and early voting starts on Saturday, Feb. 15.

Polling from the Las Vegas Review-Journal shows Sanders is leading for the first time in the 2020 election cycle in Nevada.

According to the the poll, 25 percent of respondents picked Sanders, who identifies as a Democratic Socialist. The next highest preference is Biden at 18 percent.

Jesse Sumner files for House, challenging David Eastman

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Mat-Su Borough Assemblyman Jesse Sumner has filed a letter of intent to run for House as a Republican primary challenger to incumbent David Eastman.

Sumner, lifelong Valley resident, was elected to the Assembly in 2018. He’s a contractor who earned a degree in physics from the University of California, Santa Barbara. He is the owner of Sumner Company Homes, and is a general contractor. He is on record in support of a full Permanent Fund dividend and a constitutional spending cap.

Eastman was first elected to the District 10 seat in 2016 after challenging Rep. Wes Keller in the primary, and was unopposed in 2018, making this his first primary challenge.

John Cox, Michael Sheldon file for Senate seats

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John Cox, who has run for U.S. House and State House of Representatives, is now running for State Senate as a Republican. He is challenging Sen. Gary Stevens of Kodiak, Senate Seat P.

Cox lost in the Republican primary to Sarah Vance for House in 2018, in a three-way race. Vance went on to unseat Paul Seaton.

Cox served in the U.S. Navy for 30 years. A professional locksmith, he owns Smokin’, a fine cigar and loose tobacco store. Cox was president of the Anchor Point Chamber of Commerce and chairman of Homer Friends of the NRA. He ran for Congress against Congressman Don Young in 2014.

Michael Sheldon, of Petersburg, ran for governor in 2018, and earned just under 3 percent of the vote during the Republican primary.

He is running to unseat Sen. Bert Stedman of Sitka, District R.

Following graduation from Petersburg High School, Sheldon studied to become a mechanic and welder and worked on the Alyeska Pipeline. In 1976, Sheldon returned to Petersburg and purchased a fishing vessel, beginning a career as a commercial fisherman. Sheldon sold his boat in 1998 and worked for the Alaska Marine Highway System. After nearly a decade, he left to pursue a career as a handyman, before running for governor.

Both have been vocal advocates for the statutory calculation of the Permanent Fund dividend.

LaSota is new man on Public Offices Commission, signed recall to ‘take state back’

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ACTIVIST HAS NO LOVE FOR THE GUY WHO APPOINTED HIM

Gov. Mike Dunleavy had a tough choice. He was needing to appoint a Democrat to the Alaska Public Offices Commission and the pickings were slim. The Democrat Party’s State Central Committee had offered up four names:

There was Debra Call, who was part of a ticket that ran against Dunleavy for governor in 2018. Call was Mark Begich’s running mate and has a history of racist social media posts.

(Also a fact overlooked by Call, 72 percent of Americans, including Hispanics, are white.)

There was Pat Higgins of Anchorage, who served on the Anchorage School Board while living in the Marshall Islands, 4,000 miles away.

The Democrats also offered Diana Carbonell, a Homer resident who is also a signer of the recall petition. Carbonell also attached her signature to the Stand for Salmon ballot initiative and the initiative to roll back Senate Bill 21, the oil tax reform bill and was a delegate to the 2016 Democratic National Convention in Philadelphia.

And then there was Dan LaSota, of Fairbanks, not only an outspoken advocate of recalling the governor, but a vocal critic of the president. He may have seemed like the best choice, but his long social media record of criticizing the governor may cause him to have his impartiality questioned, should any matters come before him involving the governor, such as recall questions. LaSota’s term begins March 1, 2020 and ends in 2025.

That’s politics: Those interested in serving in such a seat are bound to have an opinion, and the political parties forward the names of the people they want to elevate to that role.

LaSota is an activist Democrat and chair of District 4 for the Alaska Democratic Party, so the party knows it can count on him to keep an eye on the Republicans.

But what does it mean when the person appointed to seat on the commission that governs campaign finance and communications has a well-sharpened axe against a governor facing recall?

No doubt, Republican activists, such as the ones who tipped off Must Read Alaska about the possible appearance of unfairness brewing on the commission, will keep an eye on LaSota as he serves on the Alaska Public Offices Commission, just to make sure he doesn’t get too sloppy in his social media “tweets.”

Oral arguments set for Wednesday on ranked voting, jungle ballot initiative

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Two sides will line up before the Alaska Supreme Court on Feb. 19 to argue if a ballot initiative that would completely remake Alaska elections meets legal criteria.

On the one side, the State of Alaska Division of Elections will argue that there are three parts to the initiative, and that makes it in violation of the single subject rule.

Alaskans for Better Elections, sponsored by a liberal Outside group using frontman former Rep. Jason Grenn as its local face, wants to create ranked voting and dismantle the party walls of primaries, to have open primaries where the top four vote-getters advance to the general election, regardless of their party, as they do in California. The system would allow Democrats to vote in the Republican primary, and vice-versa.

The third item on the initiative relates to campaigns, and would prohibit certain kinds of campaign contributions.

The Division of Elections says that is three items for an initiative and the law limits it to one.

Alaskans for Better Elections will be in court with their lead lawyers Scott Kendall, former chief of staff to Gov. Bill Walker, and Jahna Lindemuth, former attorney general for Walker, arguing that it’s just one thing on the ballot, not three.

[Read: Log-rolling is an issue with Alaskans for Better Elections]

Kendall and Lindemuth are the same lawyers litigating to recall Gov. Mike Dunleavy. Kendall was also the campaign manager for Sen. Lisa Murkowski’s last run for office. He would have observed that in rural Alaska, some voters would want to vote the Republican ballot in order to support Murkowski in the primary, but vote a Democrat-everybody-else ballot to get their Democrats into legislative seats. In a closed primary, people vote one ballot or the other.

Ann Brown, vice chair of the Alaska Republican Party, says the initiative, if passed, would destroy the integrity of Alaska’s elections.

In a ranked-choice election, voters “rank” their choice of candidates for a given office. Candidates getting more than 50% of the vote in the first round of counting would win office immediately. But if no candidate wins an outright majority, then some clever calculating is done, until one candidate exceeds the 50 percent threshold.

The goal of Alaskans for Better Elections is to flip Alaska to a Democrat state. Outside groups are targeting Alaska because of its weak voter initiative laws — all kinds of things can get on the ballot in Alaska, if there are enough signatures gathered.

[Read: Outside dough spilled to screw up Alaska elections]

Ranked choice voting has been implemented in Maine, while the open primary — also called a jungle primary — operates in California and locks Republicans out of elected office.

Democrats in Iowa used ranked voting during their presidential caucus this month, with disastrous results that left many participants losing confidence in the fairness or transparency of the process.

Ranked-choice voting enables candidates with limited voter support to win elections, Ann Brown wrote in an op-ed in December.

“Maybe Mr. Grenn believes he could have defeated Rep. Rasmussen in 2018, even without support from his constituents, under this system. All Mr. Grenn would have had to do to continue to be considered is not be the candidate with the lowest votes received; he could have persisted in the race long after his expiration date,” she wrote.

“Consider this – a 2015 study of four local elections in Washington and California using ranked-choice ballots found that the winner in all four elections never received a majority of the votes. This is because voters usually do not rank all possible candidates. For the sake of expediency and their own sanity, voters typically only list their top two or three candidates. If those candidates are eliminated, then so are the votes of these individuals. Under a ranked-choice system, ballots that do not include the ultimate victors are summarily cast aside. While this creates the appearance of a majority of votes in favor of the winner, it obscures actual voter choices; it’s a system that fundamentally disenfranchises voters,” Brown argued.

In 2018, a conservative House member lost the election despite having won the most votes in the initial count. The Maine Secretary of State threw out more than 14,000 ballots that had not chosen a second, third, or fourth candidate, and the win went to the liberal on the ballot.

This meant that those who didn’t bother to rank other candidates had their ballots counted just once, but those who ranked candidates had their ballots counted up to three times.

In Maine, Rep. Bruce Poliquin, a Republican who received a plurality of first round votes, was unseated by Democrat Jared Golden due to the ranked choice distribution and the tossed ballots.

“One can see why progressives are so excited about this proposal. It reeks of elitism and is engineered to pad the fortunes of liberal candidates. Alaskan voters, don’t let yourselves be taken in. If this initiative reaches your ballot next year, vote it down,” Brown wrote.

Murkowski votes for War Powers Resolution

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TRUMP VOWS VETO

Sen. Lisa Murkowski of Alaska joined with a bipartisan group of senators to pass a resolution that limits President Trump’s ability to launch military operations.

The War Powers Resolution passed 51-45, and came after debate over the president’s reasons for a drone strike that killed Iran’s top terrorist, Qasem Soleimani, in January.

Democratic Sen. Tim Kaine sponsored the bill. He was joined by all Democrats along with Republicans Murkowski, Susan Collins, Jerry Moran, Rand Paul, Mike Lee, Todd Young, Lamar Alexander, and Bill Cassidy.

The Democrat-controlled House has already passed a similar resolution.

However, the measure lacks the 67-vote threshold needed to override a presidential veto.

The resolution reiterates that Congress hasn’t declared war against Iran and would require Trump to remove US troops from any “hostilities” with Iran within 30 days, unless he has approval of Congress.

Trump had already signaled his intent to veto it: “If my hands were tied, Iran would have a field day,” Trump wrote on Twitter. “The Democrats are only doing this as an attempt to embarrass the Republican Party. Don’t let it happen!”

“It is very important for our Country’s SECURITY that the United States Senate not vote for the Iran War Powers Resolution. We are doing very well with Iran and this is not the time to show weakness. Americans overwhelmingly support our attack on terrorist Soleimani…” he wrote.

Murkowski was asked by reporters on Wednesday if it appeared the president had learned any lessons since being impeached.

“Well, there haven’t been very strong indicators this week that he has,” Murkowski said.