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A visit to the nail salon: Trump is fine

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OPPOSITION TRIES TO SHELLAC TRUMP, BUT HE’S GOT THIS VOTE

If you want to know what women are thinking, head to the nail salon. That’s what this writer did, and here’s what she found out about what non-politico women think about Donald Trump:

He’s a typical male. He talks a big game about women sometimes. Bravo. Big deal, the women said. We’ve heard it before, and we’re not perfect either.

“If people heard some of the stuff I’ve said about men and their big swinging d—s…” said one patron, to a ripple of uncomfortable laughter. Yes we’re all guilty of being crass.

Of course, we all want our presidents to be perfect, not crass. During his 2000 campaign, George W. Bush was caught on a hot mic calling New York Times reporter Adam Clymer a “major league a–hole.”  The media went berserk. It was as if they’d never heard the word before, certainly never applied to one of their own. Queue laugh track.

Or how about the hot mic that caught Ronald Reagan joking, just before his weekly address to the nation in 1984: “My fellow Americans, I’m pleased to tell you today that I’ve signed legislation that will outlaw Russia forever. We begin bombing in five minutes.”

Or Barack Obama calling Kanye West a “jackass.” Or that time he said: “And it’s not surprising then they get bitter, they cling to guns or religion or antipathy toward people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations.” Speaking of jackasses…

This is different. This is Donald Trump being a New York boor. This is a side of the Donald we know is there and we don’t like.

And yet, the women in the salon said: “I don’t care. I’m so sick of the political ruling class and it’s never going to change unless we get someone in there who is a change agent, and besides, he’s been a businessman all his life, not a politician.”

What’s surprising is that while some women are reacting from a place of trauma, and Donald’s words are the equivalent of picking at a very painful scab, many others are going to be voting with their heads, in spite of all the things that may have happened to them in their lives.

They don’t care that he has a wife that looks more robot than human. They don’t care that he has orange hair and even oranger skin. They care about the country and getting it back on the right track. They care that they’ve been sliced and diced and divided by Obama and they are sick of it. They’re worried about having more government crammed down their throats.

And they don’t think Hillary has what it takes to bring back sanity or move the country forward. “She’s going to be another four years of Obama,” said one Alaskan, examining her newly trimmed hair in the mirror. “In fact, I’ve always thought she’d lie her way to the top, and was I right, girls?”

This is not a scientific sample. In fact, it’s merely a slice of life in midtown Anchorage on a bright Tuesday afternoon.

Over at the Fivethirtyeight blog, Daniel Nichanian says women favor Hillary over Donald by a nearly unbelievable margin. If only women voted in November, Hillary would win by the largest landslide in history, 458 electoral votes for Hillary and 80 for Donald, he says. Today, those 80 electoral votes were getting their nails done.

It’s abundantly clear that women voting in November will be the deciding factor and that between now and Election Day, they’ll be bombarded in the media with gender-sensitive messaging that tugs them toward Hillary and away from Donald.

Trump had better put on his big-boy pants and start courting the women’s vote, or he will have a hee-yuge amount of explaining to do on Nov. 9.

Nageak vs. Mallott: What now?

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NAIL BITER FOR NAGEAK AND WESTLAKE

Superior Court Judge Andrew Guidi had harsh things to say about the badly performing Alaska Division of Elections. To remedy the mismanagement of the primary in District 40, he threw 14 votes out from the disastrous, poorly run Aug. 16 primary.

Judge Guidi published his decision on Thursday and Rep. Ben Nageak emerged the winner by just two votes.

Lt. Gov. Byron Mallott decided he’d take the matter to the Alaska Supreme Court because as a partisan Democrat, he and Gov. Walker want nothing more than to get rid of Nageak and replace him with challenger Dean Westlake.

Oral arguments begin at 10 am on Wednesday.

WHERE DOES IT GO FROM HERE? Will the Supreme Court reverse the decision? Not likely, our experts tell Must Read. After all, the remedy arrived at by Judge Guidi is the same one that the Supreme Court settled on in Finkelstein vs. Stout.

Further, if the Supreme Court decides the contest should be re-voted on the November General Election ballot, it would be creating a brand new election condition that in no way mirrors a primary, where people must choose between the R ballot and the ADL ballot. A ruling like that could very well go to the U.S. Supreme Court.

A second challenge of the election will be heard this week in the Alaska Supreme Court. It is an appeal by Nageak of the actual state recount that led to the original eight-vote win by Westlake.

Meanwhile, Mallott reassured the public in a written statement that he will abide by the Alaska Supreme Court’s ruling. Using the “royal we,” he said:

We are disappointed that the Superior Court ruled that a poll worker error in Shungnak was sufficient to change the outcome of the House District 40 Primary Election. We have already appealed the ruling to the Alaska Supreme Court. We want absolute clarity on the issues involved and will follow whatever measures the Supreme Court deems appropriate in order to secure a fair election for the two Democratic legislative candidates in House District 40.”

Clash of the titans

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The two gladiators approached the stage slowly, like animals crouching, circling each other, ready to pounce.

Donald and Hillary were engaged in the biggest game of chicken in their lives. For the viewers, it was almost like watching mutually assured destruction in the making. He — as a fast-moving businessman with a rapidly approaching past. She — as an expert enabler of a possible rapist husband who sat caged nearby.

Both had already hit the nuclear button, and the countdown to obliteration was underway. This was going to be full scorched-earth.

We have to give Donald the win on the debate and not just because moderator Martha Raddatz started debating him halfway through. Donald did not allow the moderators to walk all over him in the way they did to Mitt Romney.

Hillary had already pulled the trigger on Friday by releasing the audio on Donald’s discussion of his boorish exploits. It was a calculated move to allow the visceral reaction to develop in the public, and to knock Donald off his game. It didn’t work: Donald brought his A game.

FIRST RAPIST? The debate Sunday night was a chance for Hillary to come clean about the actual abuse of women by her husband, and her absolute unyielding defense of him. She didn’t come clean. It was all lies, she said.

Twenty-five years ago, on national television Hillary defended her husband, saying this on 60 Minutes: “I’m not sitting here some little woman standing by my man like Tammy Wynette.”

Last night, she was in full Tammy Wynette mode, standing by her predatory man, and the subtext of the entire debate was Bill Clinton on trial.

Donald produced a Facebook broadcast prior to the main event, accompanied by women who accuse Bill Clinton of sexual misconduct, er, rape.

The women, Juanita Broaddrick, Paula Jones, Kathleen Willey and Kathy Shelton, then sat in the audience during the debates, not far from the man they accused. It was awkward.

This writer is reminded that while Donald has been in the real estate and international beauty pageant businesses (dare we say land and cattle?) and has led an admittedly hedonistic private life, Bill and Hillary Clinton chose the path of public trust.

The Clinton Machine has abused that trust badly — separately and together, as the first couple of Arkansas and the first couple of the free world, which they plundered through their fake influence-buying foundation. They’re America’s version of Ferdinand and Imelda Marcos: Corrupt, powerful, unrepentant.

Juanita Broaddrick said last night, “Mr. Trump may have said some bad words, but Bill Clinton raped me and Hillary Clinton threatened me. I don’t think there’s anything worse.”

Donald appeared on the debate stage under more pressure than perhaps any candidate in history. He didn’t melt down, and he certainly didn’t back down. Instead, he showed just what kind of leader he would be if put up against someone like, say, Vladimir Putin.

In June, Hillary questioned Donald’s temperament: “This is not someone who should ever have the nuclear codes. It’s not hard to imagine Donald Trump leading us into a war just because somebody got under his very thin skin.”

Last night, he proved her wrong. As it turns out, he’s got more than mettle. He’s got every bit of nerve it takes to lead.

One Alaskan Trump supporter wrote to Must Read over the weekend with this view:

“In battle, the leaders are up front. This election is a battle. Those Republicans who turn tail and run to the back in fright over Trump’s locker room talk are more shameful than anything Trump could say. Turn tails who renounce their support for our Republican candidate need to rethink. Please, Republicans, get back on track and support the strongest, most determined candidate. Talk is cheap. Trump is a builder. Give him support. Do not suggest a turn tail to take his place.”

TAKEAWAY: Bedwetters who prematurely called the election for Hillary just had their nether regions handed to them. It’s not over. The Republican base is still on board.

OUCH! FASHION STATEMENT: The blouse worn by Melania Trump during last night’s debate? Here it is on Net-a-Porter’s website. Yes, it’s called a pussy-bow. Now you know:

 

Juneau road is fiscally sound plan

The construction of the Lynn Canal Highway, connecting Juneau, Haines, and Skagway, first proposed over 50 years ago, is back in the news. Apparently, Governor Bill Walker is considering moving ahead on the most recent version of this project (labeled Alternative 2B). This should be good news to Alaskans who want to see more affordable and convenient transportation options available in our region.

The perceived imminence of the Governor’s decision has prompted a flurry of activity from project opponents who claim the State cannot afford to build a 50-mile road coupled with a six-mile shuttle ferry ride connecting Juneau with the rest of Alaska and the continental road system. Nothing could be further from the truth.

Fact: The $574 million cost of this project will not reduce our Permanent Fund Dividend. Nor will it reduce spending on needed public safety concerns and social services. 90% of the project cost is paid for by the Federal government with highway transportation dollars. The state match was appropriated years ago.

Opponents also worry we won’t have funds available for other transportation projects around the State – causing them to be delayed or cancelled.

Fact: There are no other shovel-ready projects of significant size on the horizon that can utilize Federal matching funds. Alaska has not built any new highways in decades and it becomes more difficult each year just to find qualifying projects. Over the project construction life, only 12-15% of federal highway dollars would be needed each year – leaving sufficient funding for maintenance and upgrade projects that qualify.

The two primary points detractors seem obsessed with are (1) the project’s “poor economic return” and (2) their contention that annual maintenance and operating costs are too high. Both of these arguments reflect a basic misunderstanding of numbers in the Environmental Impact Study (EIS).

Regarding project economic return, everyone realizes transportation infrastructure is a core function of government and that roads are rarely designed to “make a profit.” So the fact this road project does not shouldn’t surprise anyone.

The EIS reflects the Cost Benefit Ratio of the Lynn Canal Highway project is .28 – which opponents claim means “the state would get 28 cents worth of value for every dollar it spends.” Yet this ratio only measures the actual dollar savings to users – $118 million – certainly nothing to sneeze at but only a fraction of the benefits of the project. If measured against the actual State investment, that ratio would show a return of over 200%.

Fact: User benefits (savings in travel costs), while substantial, do not take into account resulting lower transportation costs and increased economic activity in the region that will generate new business opportunities and tax revenue at the state and municipal level. Furthermore, it ignores the 75% reduction in the state subsidy for every vehicle using the current ferry system in Lynn Canal.

But the greatest distortion opponents perpetuate is that annual operating costs of preferred Alternative 2B greatly exceed annual operating costs of the “No Action Alternative”– by almost $5 million annually.

If opponents had actually read the EIS, they would know this isn’t true.  The $5 million difference between operating costs only refers to expenses and does not account for revenues of each alternative. When revenues are factored in the net difference is only $2.3 million annually – cutting more than half the cost.

Furthermore, this number doesn’t include all the additional fuel taxes that will be generated based on a ten-fold increase in vehicle traffic transiting northern Lynn Canal. The taxes gained from vehicles traveling north beyond Haines and Skagway as well as from the incremental traffic originating from northern cities coming to Juneau could be considerable.

Again, as with the cost-benefit ratio, critics ignore additional revenues derived from increased economic activity as well as the 530 jobs and hundreds of millions of dollars in payroll created during construction – an economic infusion Alaska desperately needs to help offset our bleak budget picture due to declining oil revenues.

No legitimate fiscal argument exists against this road project. When weighed against the alternative of a ferry-only operation in Lynn Canal, the choice is clear.

At nearly the same annual net cost of taking no action at all, building this road will increase capacity and convenience exponentially while lowering transportation costs throughout the region.

Just as important, this will strengthen our existing ferry system – allowing mainliners to serve other ports more frequently – while lowering overall costs. Alternatively, according to Alaska Department of Transportation, by not replacing one mainline ferry in Lynn Canal the State would save $1.7 billion in costs over a 50-year period.

Isn’t that the definition of fiscally responsible?

 

Win Gruening was senior vice president in charge of business banking for Key Bank, retiring in 2012. Born and raised in Juneau, he is a longtime Rotarian and remains active in civic issues.

A markedly different Mallott message

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NO CLIMATE CHANGE THEME AT RESOURCE DEVELOPMENT COUNCIL

Last month at Southeast Conference, Lt. Gov. Byron Mallott offered a mystifying speech, during which he repeated his “oil is dead” theme and said that federal money and non-governmental organizations were the future of Alaska’s economy. Global climate change is the new imperative, Mallott said, and Alaska needs to get on board. There’s a lot of international money out there to bring to Alaska in the fight against global warming.

Last week, at Resource Development Council’s, he had a different tune. He never mentioned climate change to this group of pro-development Alaskans. This Mallott was not the same as that Mallott, who had left his Southeast Alaska audience whispering.

Speaking without notes, Mallott for several minutes described his own long involvement with developing Alaska’s resources: Sealaska, the Alaska Native corporation he ran for several years, logged over a billion board feet of timber out of the Tongass National Forest, he noted. The company operated a base camp for ARCO in Prudhoe Bay. Sealaska was one of the largest customers of the Alaska Railroad, with its regular shipments of gravel. He developed the seafood industry in his home town of Yakutat.

He also talked at length about the transboundary process with Canada to protect salmon habitat, and the work he is doing to engage with the mining industry of British Columbia.

Mallott last week signed a letter of cooperation with British Columbia on transboundary waters. A working group from BC and Alaska will monitor and advise on water quality issues that impact Alaska watersheds.

“This administration is committed to economic development. We are committed to mineral development,” he insisted. “I say that because there are those who want to see no mining in British Columbia, and they are working hard to make that happen.”

One of those groups Mallott was referring to is the Nature Conservancy of Alaska, for whom he served as board chairman.

In June, the Conservancy joined with Alaska Native groups to demand that Secretary of the Interior Sally Jewell investigate six hard-rock mines in British Columbia, and their impacts on watersheds shared by the United States and Canada. The letter from the groups called for Jewell to refer the mining issues to the International Joint Commission, which governs the  Boundary Waters Treaty.

Mallott then proceeded to describe issues of tribal sovereignty and why they are important: They will lead to economic development of Alaska’s lands, he promised.

“Read my lips: Tribal government is a reality. It operates in our state and in rural Alaska provides a huge majority of health care,” he said. “Tribal governments are among those in our state who are engaged in virtually every small community to make lives better.”

“Litigation cripples,” he said. “Litigation creates winners and losers.” The Walker Administration inherited a lawsuit defending state sovereignty and allowing tribal land to go into federal trust status. He heralded how pleased he is that Gov. Walker has dropped the lawsuit against the federal government.

On the other hand, litigation might be ahead, he hinted, as it pertains to the U.S. Fish and Wildlife Service taking over fish and game management in all refuge land in Alaska. That, he said, violates the terms of the  Alaska Native Claims Settlement Act and the Alaska National Interest Lands Conservation Act, ANILCA.

 

“I was engaged with AFN during the passage of ANILCA. Rod Arno (Alaska Outdoor Council) and I know what was promised.”

For now, he said, the Walker Administration is going to try to negotiate with the federal government about these issues: “Everything in life is negotiation and compromise, beginning with your life and your kids.”

 

This week, litigation is also on the schedule for the lieutenant governor, who is challenging an Anchorage Superior Court’s ruling on the District 40 House race. The judge, Andrew Guidi, reversed the election results, chastised the lieutenant governor’s Division of Elections for gross incompetence, and awarded the win to Rep. Ben Nageak, against the wishes of the Walker-Mallott Administration.

Governor Walker had travelled to Kotzebue this summer to help the political fortunes of House District 40 challenger Dean Westlake, who was backed by Democrats to take out Rep. Nageak. As of today, Nageak has won that race by two votes.

Mallott’s challenge means the Alaska Supreme Court will hear the case on Oct. 12 in Anchorage. He has not attended any of the hearings to date.

Nageak says PFD needs to be funded

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AND BY THAT HE MEANS ‘FULLY FUNDED’

One day after a judge awarded him the win for District 40’s House seat, Rep. Ben Nageak issued a statement on Facebook saying he will pre-file a bill that mirrors the one being offered by Sen. Mike Dunleavy of Wasilla: Full funding of the 2016 Permanent Fund dividend through a supplemental appropriation.

Nageak noted that people in rural Alaska depend on their Permanent Fund dividends for the basics, such as food and fuel.

The dividend — in its entirety — had been voted for by the Republican-led majority in the operating budget numerous times during in 2016. Democrats repeatedly voted against the operating budget.

The calculated amount was $2,052 before Gov. Bill Walker vetoed the appropriation in June.

Several Republican House members were planning a similar move to restore the funding, but Nageak beat them to it through his Facebook post.

Sen. Dunleavy held a press conference last week announcing the Permanent Fund Dividend Restoration Act. If it passes, the governor could still veto it, but his veto might be overridden by a united Legislature.

Sen. Bill Wielechowski, and former Sens. Clem Tillion and Rick Halford filed a lawsuit against the governor for not paying out the full dividend. The first hearing is scheduled for Nov. 17, but legal observers tell Must Read that because the dividend it is an appropriation item, the lawsuit is a long shot.

 

The wave of discontent over Trump

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Reason enough: U.S. Sen. Dan Sullivan, with his wife, Julie Fate Sullivan and their daughters.

PARENTS ARE IN RETREAT: THEY HAVE TO ANSWER TO THEIR CHILDREN

In a tsunami, the water recedes as it builds a powerful wave that is going to do some unknown damage once it rushes in.

Today, that wave started hurling itself toward Donald Trump. How bad it will be is anyone’s guess.

It’s Trump’s tsunami weekend: Bad habits caught on tape, badly managed apology, and a debate with Hillary on Sunday night. What else could go wrong? Lots.

Over the past 12 hours, U.S. Senators Dan Sullivan and Lisa Murkowski both withdrew their support from Trump after revelations of crude and demeaning remarks about women came to light.

Sullivan spent years working on domestic violence issues as a member of the Parnell Administration. As a father of three daughters, he has helped lead the fight to change the culture and the thinking in Alaska about how women are treated. It’s not lost on the senator that this is Domestic Violence Awareness Month and his office even put out a statement about that yesterday.

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Choose Respect Initiative was one of the first efforts of Gov. Sean Parnell’s Administration. Dan Sullivan was his DNR commissioner and before that, his attorney general.

And although Sullivan had accepted the Republican Party’s nominee because change is so desperately needed in this country, the senator is also man who, as a father, as a Marine, and as a leader of the Choose Respect initiative, had just heard enough.

Trump’s statements about how, because he’s a star, he was able to get away with groping, kissing and fondling women, was caught on tape back in 2005.

“I’ve got to use some Tic Tacs, just in case I start kissing her. You know I’m automatically attracted to beautiful — I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait,” he continued. That was just the beginning.

“Grab them by the p—y,” Trump said. “You can do anything.”

Here’s another thing you can bet happens when you’re a star: You’re being recorded all the time. Did he not know that this material was out there?

Bring on the crisis communications team: “I’ve never said I’m a perfect person, nor pretended to be someone that I’m not. I’ve said and done things I regret, and the words released today on this more than a decade-old video are one of them. Anyone who knows me knows these words don’t reflect who I am,” Trump has explained in a video statement last night.

Apology accepted and we’d like to move on, if we could. After all, the candidate he is opposing, Hillary Clinton, is married to someone just as sexually boorish as Trump, who has done things every bit as bad, maybe worse. Bill Clinton is the kind of predator you wouldn’t want your daughter anywhere near.

But whether or not America can “unhear” those crude Trump words is another matter. They will be played for us in anti-Trump ads for one exact month until the Nov. 8 General Election. That’s how this works in campaigning.

Sens. Sullivan and Murkowski are not alone in rebuking Trump. His own vice presidential nominee, Mike Pence, had to distance himself. And also pulling their support were Senators John Thune, Mike Lee, Mark Kirk and other conservatives. All are up for re-election except Sullivan. House Speaker Paul Ryan cancelled an event with Trump. Sen. John McCain has said he’s done, too.

Sen. Murkowski has long been on the fence about Trump. Her wait-and-see mode has ended and now she’s taking a stand: “I have always supported the Republican presidential nominee and I had hoped to do the same in 2016,” Murkowski said in a brief written statement. “The video that surfaced yesterday further revealed his true character. He not only objectified women, he bragged about preying upon them. I cannot and will not support Donald Trump for president — he has forfeited the right to be our party’s nominee. He must step aside.”

As for Rep. Don Young, he issued a statement saying he thinks the comments are terrible and demeaning: “Nobody deserves to be treated that way.”

But Young, who has always spoken bluntly and has been criticized for it, says we have to focus on Alaska right now. And what the alternatives are.

The reason? Benghazi. Obamacare. Hillary Clinton sold us downriver to the likes of ISIS. The nation is now $20 trillion in debt. And Obama has cleaved America into two with more Americans dependent on entitlement programs than at any time in U.S. history.

The RNC has ordered its contractors to stop all production of materials for Trump. And the RNC does have a rule that allows them to remove a candidate. But ballots have been printed and have been already sent out to members of the military.

As of this morning, there has been no comment from Alaska Republican Party Chairman Tuckerman Babcock. But the party is a rule-bound entity that doesn’t allow a chairman to make a unilateral decision about withdrawing support for a candidate. He did say he had heard there are emergency meetings being held at the national level, but he had no details about those meetings.

Babcock said he would be polling members of the state party’s executive committee to determine if there’s a need to meet to discuss the situation.

About that Permanent Fund Dividend…

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SEN. MIKE DUNLEAVY FILING SUPPLEMENTAL APPROPRIATION

On Tuesday morning, Sen. Mike Dunleavy hopped into his Dodge Ram long-bed truck and drove past his horse barn, his mules, and his sprawling vegetable garden, over the river and through the woods, until he made his way from the rural outskirts of Wasilla into East Anchorage.

He stopped at the Fred Meyer shopping center for a press conference on his way to other business in town.

Dunleavy doesn’t typically have press conferences. That’s not how he rolls.

But on a gorgeous warm October day, he surprised everyone by announcing he will prefile a bill this November to restore full funding for every Alaskan’s Permanent Fund dividend.

He made his remarks one day before Alaskans got shortchanged on their dividends by their own governor, who vetoed half their dividends for the first time in Alaska history.

The 2016 Permanent Fund dividend was bifurcated by Gov. Bill Walker when he vetoed the funds for it in late June. Half of their money would go into the Permanent Fund Earning Reserves Fund. That way, he would have money to work with as he builds a sovereign wealth fund model that gives him the collateral he needs to borrow money to build his gasline.

Dunleavy didn’t consult with other senators before drafting the supplemental appropriation bill. He isn’t running for office this year.

He said he simply has heard from enough Alaskans over the past few months and they’re telling him loud and clear: What Governor Walker did was a direct and personal harm to every Alaskan family and the private economy.

What Dunleavy did, by drafting a supplemental appropriation bill, will put that money back into the economy of Alaska. If the legislation passes. And if the governor doesn’t veto it.

There are always the ifs.

RESPONSE HAS BEEN STRONG

Since his announcement yesterday, Dunleavy reports he’s receiving a steady stream of emails and text messages:

“I’m hearing from everyday Alaskans, not people inside the political bubble. I just had three text messages just now, one from a teacher who said, ‘thank you very much for what you did. You understand what is happening out here in real Alaska.'”

Dunleavy said he wants Alaskans also to remember this: The Republicans voted for the entire Permanent Fund dividend distribution when they voted numerous times for passing the operating budget, where that line item is.

The Democrats voted against the budget, always holding out for more spending in other areas, but never stepping up to protect the dividend in any way while they had a chance.

BILL WIELECHOWSKI’S LAWSUIT PLAY

A few weeks ago, Democratic Sen. Bill Wielechowski filed a lawsuit to ask the courts to decide whether the governor actually has the legal authority to veto the Permanent Fund dividend.

That lawsuit is widely seen as a bit of political theater, but good theater, as a union lawyer like Wielechowski knows how to do. He got old-time

It also gives him a media advantage during his race for his own seat, where he’s being challenged by Kevin Kastner.

The problem is that most political observers and legal pundits don’t think his lawsuit stands a chance. The Permanent Fund dividend comes out of the operating budget, and the governor has always had veto authority there.

Wielechowski’s lawsuit is expected to court before December.

Nageak wins by 2

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JUDGE ORDERS DIVISION OF ELECTIONS TO CERTIFY

Superior Court Judge Andrew Guidi today declared Rep. Ben Nageak the winner in the House District 40 race and ordered the Division of Elections to certify the results.

That decision will most likely be challenged at the Alaska Supreme Court by a chastened Division of Elections and Dean Westlake, the man who sought Nageak’s seat, representing the North Slope and Northwest Arctic Borough.

Judge Guidi acknowledged that the confidence of the election system is an important value, and that integrity in elections is key to the health of the republic.

He said that most of the irregularities of the District 40 primary election were not a result of malconduct, but that what happened in Shungnak was of a serious and concerning nature. It was, in fact, malconduct.

In Shungnak, election workers knowingly gave every voter both the open ballot and the Republican ballot, and the judge ruled it was illegal to allow people to vote two ballots. Guidi  found that Shungnak’s outcome actually changed the election results, where Dean Westlake had originally been awarded the district win by eight votes.

The judge found that the Division of Election offered training to the Shungnak election workers in preparation for the 2016 primary, but they did not participate, and there was no training followup by the Division of Elections.

Guidi said that election officials in Shungnak acted in reckless disregard of the law. Their trainer, their supervisor, and the Division share in the responsibility for their conduct, he said: They didn’t participate in training, they didn’t review materials sent to them, and they did not follow the instructions on the ballot choice poster and placards sent to them. Then they gave everyone two ballots to vote.

“This conduct cannot be characterized as an ‘honest mistake,’ said Guidi, “without robbing the term of all meaning and undermining the accountability of the elections.”

In the end, Guidi decided the best solution was to decrease Westlake’s votes by 11 and Nageak’s votes by 1 in the Shungak precinct, and to subtract one vote each in the Kivalina precinct, which had also seen irregularities. That came to 12 votes subtracted from Westlake and 2 from Nageak. The eight-vote win by Westlake was reversed.

“The Division of Elections is directed to retabulate the vote total in conformance with the decision expressed above and recertify the results…At the conclusion of its retabulation, the Division of Elections shall certify Mr. Nageak as the winner of the Democratic primary in H.D. 40,” the judge concluded.