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Salmon initiative: The definitions of habitat are fluid

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The Alaska Division of Elections recently certified a controversial ballot initiative that has many people concerned about its potential consequences.  The initiative, sponsored by the ballot group “Yes for Salmon”, claims to strengthen state law protecting wild salmon and the fish and wildlife habitat in Alaska.

A close examination of the initiative (previously called Stand for Salmon) reveals it is an environmental initiative that would cause significant negative impacts on community and economic development.

Opposition to the initiative has grown rapidly and ranges across a wide spectrum of interests – not just the oil, mining, and timber industries so often targeted by environmental groups.

An opposition group, Stand for Alaska, has formed and is comprised of all 13 regional Native corporations, Alaska State Chamber, Southeast Conference, members of the visitor industry, construction companies, transportation companies, union organizations, and various other industry trade groups.

The State of Alaska claims the ballot initiative is unconstitutional and is challenging it in court because it would prioritize one state resource over another. Arguments are scheduled to be heard before the Alaska Supreme Court on April 26.

Even if ruled constitutional, backers seem nervous about this measure being turned down by voters.  They have enlisted former Gov. Tony Knowles to urge Alaskans to support a legislative solution instead. This avoids a vote if the legislation is “substantially similar” to the initiative. Unfortunately, this is a non-starter as any legislation “substantially similar” would be equally flawed.

The primary opposition against the initiative is rooted in the real fear it could virtually halt any potential development project in the state on the basis it might affect fish habitat – mostly streams, rivers and other waters identified as anadromous (anywhere adult fish migrate from the sea into fresh water to spawn).

The definition in the initiative is so vague and all-inclusive as to apply to almost any body of water.

“…anadromous fish habitat means a naturally occurring permanent or intermittent seasonal water body, and the bed beneath, including all sloughs, backwaters, portions of the floodplain covered by the mean annual flood, and adjacent riparian areas, that contribute, directly or indirectly, to the spawning, rearing, migration, or overwintering of anadromous fish.”

Furthermore, this initiative flips current law regarding fish habitat and would require projects to prove that any body of water connected to marine waters regardless of its size or location is not anadromous.

“…the commissioner shall presume that a naturally occurring permanent or seasonal surface water body, including all upstream tributaries and segments, is anadromous fish habitat … if connected to anadromous or marine waters.”

The prime sponsors of the initiative are three environmental organizations, the Susitna River Coalition, the Alaska Center (formerly known as the Alaska Center for the Environment) and the Alaska Conservation Foundation. They appear to be the only Alaska-based organizations contributing any significant financial support.

According to recent APOC reports, these three organizations, significantly funded by sources from out of state, have contributed approximately $112,000 – less than half of the money raised supporting the initiative effort so far.

Another $130,000 has been raised from out-of-state – most notably the Wild Salmon Center based in Portland, Oregon.  The single largest donation – $50,000 – is listed under the name of Michael Kowalski from New Jersey.  Kowalski is the Chairman of the Board of Tiffany & Co. – whose corporate foundation has contributed upwards of $1.8 million trying to kill the Pebble Mine project.

The bulk of expenditures by Yes for Salmon has gone towards paid signature gatherers that garnered the necessary signatures to qualify the initiative on the ballot.

Oddly, no fishing industry groups appear to have contributed to Yes for Salmon yet.

In contrast, the Stand for Alaska opposition group has raised almost all its funds from companies, trade groups, Native corporations, and unions with operations based in Alaska.

It makes you wonder whether Yes for Salmon is, as they claim, “a diverse group of Alaska-based individuals, businesses and organizations who support responsible development and a thriving economy in Alaska.”

Is Yes for Salmon really “standing for salmon” or are they standing for outside environmental groups and out-of-touch East Coast liberals trying to lockup Alaska?

Win Gruening retired as the senior vice president in charge of business banking for Key Bank in 2012. He was born and raised in Juneau and graduated from the U.S. Air Force Academy in 1970. He is active in community affairs as a 30-plus year member of Juneau Downtown Rotary Club and has been involved in various local and statewide organizations.

Anchorage voting update: 35,055 and counting

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Anchorage voters have cast 35,055 ballots as of yesterday, raising the turnout in the city’s first mail-in municipal election to 17.7 percent. About 5,000 ballots were received yesterday.

About 198,000 ballots were mailed on March 13. The final day to submit or postmark your ballot is April 3.

To compare, turnout for the mayoral election in 2015 was 54,275 for the first round and 70,516 for the runoff.

(Must Read Alaska readers who want to know if their ballots have been received can personal message Suzanne on Facebook @MustReadAlaska and I will look it up.)

Eagle River and Chugiak are still underperforming South Anchorage, however. Only nine ballots were dropped off at the Accessible Voting Center at the Chugiak Senior Center yesterday.

Check back with Must Read Alaska for updates.

Information on voting locations and drop-boxes here.

Governor reappoints sport fisherman to fisheries board

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WALKER PR DISASTER AVERTED

Gov. Bill Walker withdrew his nomination of Duncan Fields of Kodiak to the Alaska Board of Fisheries, announcing it late Wednesday.

To fill the seat, retiring board member Al Cain rescinded his retirement and agreed to remain on the board. He was reappointed by Walker.

The decision was seen as a victory for sport, personal-use, and subsistence fishermen across the state.

“The governor’s decision is a direct result of the unified voice of the 16 Alaska-outdoor-sporting organizations opposition of the nominee and hundreds of Alaskans across the state who voiced their concern to the Legislature over the governor’s nominee,” the Kenai River Sportfishing Association said in a statement.

More than a dozen groups had signed a letter on March 19 opposing the nomination of Fields, who represents commercial fishing interests. Walker had put Field in a no-win position, to fill a seat that the sport fishing community felt should go to a sports fishing Alaskan from Southcentral.

[Read: Groups band together to oppose Fish Board appointment]

The governor has struggled with his Board of Fisheries appointments and had even asked that the board be expanded from seven to nine members. But with little support for that idea, the outcome was increasingly obvious. Cain threw the governor a lifeline by remaining on the board.

Supreme Court to take up Democrats’ open primary ballot

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The Alaska Supreme Court will convene in Kenai this morning to hear the State of Alaska vs. Alaska Democratic Party.

The case results from Democrats deciding that they need to have unaffiliated or other party-free candidates run in their primaries, because Democrats by themselves can’t get elected in the numbers the party needs to take control of Alaska’s political order.

Democrats won with the playbook of backing Alaska Gov. Bill Walker, who dropped his Republican affiliation and ran ostensibly as an Independent with the full support of the Democrats, alongside running mate Byron Mallott, who remains a Democrat.

They then ran an Indie-Democrat in Ketchikan, winning with Rep. Daniel Ortiz, again with the full support and purse of the Democrats.

It worked again in Anchorage, when Jason Grenn ran as an unaffiliated candidate against Liz Vasquez and received Democrats’ endorsement and financial aid.

Now, the party wants to take it a step further and allow non-Democrats to run on its primary ballot. That question passed the test at the Superior Court level, but the State of Alaska believes it needs to be settled in the Supreme Court to avoid further electoral complications.

The Supreme Court is on its annual “road show,” and will meet in front of an assembly of high school students at Kenai Central High School’s Renee C. Henderson Auditorium.

Court convenes at 9:30 am and is set to end arguments at 11:45 am. Members of the public may attend and students from around the district will arrive on buses to witness the proceedings, which will provide for a fascinating lesson in constitutional law.

The appeal in question can be found here.

WILL THIS WORK IN REVERSE?

Last fall’s court ruling that the Alaska Democratic Party may run candidates in its primary who are not officially aligned with any political party raises questions for party integrity and transparency. In Hawaii, the Democratic Party exerts strict control over who can run on its ticket, thereby making the party all-powerful.

In practical terms, the change in Alaska would mean a non-Democrat could win against a registered Democrat in the Democrats’ primary,  and then go on to represent the Democrats in the general election, while still appearing to voters to be undeclared, unaffiliated, or nonpartisan.

One of the unintended consequences of a decision to uphold the Superior Court ruling is that Republicans could decide they, too, have a right to  “freedom of association.” If that is the argument that decides it for the Supreme Court judges, then Republicans will be able to kick three rogue legislators off the Republican primary ballot. Republicans will argue that freedom of association cuts both ways.

The Republican Party of Alaska has withdrawn the party’s support from Reps. Louise Stutes of Kodiak, Paul Seaton of Homer and Gabrielle LeDoux of Anchorage, after they ran as Republicans and then quickly caucused with House Democrats to stage a coup in the Alaska House of Representatives. The Democrats are now fully in charge of the House, but only because of the three rogue Republicans.

A ruling is not expected today, but will likely occur before June.

Alaska House in disarray, Edgmon tries to answer

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The budget solution doesn’t stop with Speaker Bryce Edgmon.

In an odd press conference today, Edgmon appeared alone, without any of his House majority colleagues, and explained that the buck stops with the House Republican minority, not the majority.

As he sat in the Speaker’s Chambers, facing questions from reporters, he said he doesn’t consider the budget a responsibility of just the majority.

The conservative minority was obstructing progress, he said.

Reporters were not buying it. Even Rich Mauer, the notoriously liberal journalist now reporting for KTUU, seemed skeptical.

“We need to have the difficult discussion on new revenues, I think that is very apparent,” Edgmon said, restating his party’s view that there is a need for an income tax to pay for what has become, under his watch, a $5 billion budget.

An income tax solution is not apparent to House Republicans. The conservative minority had offered dozens of amendments last week to lower the overall budget. On Monday, both liberals and conservatives voted across caucus lines to boost the Permanent Fund dividend to $2,700 this year.

That much was agreed on by a slim majority that felt it was time to go back to the time-honored formula for calculating the dividend.

House Minority Charisse Millett had earlier offered a different view of reality.

Millett had told a reporter from KTOO: “The three Republicans organized with the Democrats and independents because they had the plan. They had the votes. They were all aligned on Alaska’s future. And we’re seeing now that the alignment is not there. Unfortunately, when you are in leadership, and you’re the Speaker, it’s your obligation with 22 people to get the budget passed with 21.”

Edgmon didn’t like that characterization, answering, “I don’t reduce this to sort of carping about majority and minority politics and being more part of the problem, as opposed to part of the solution.”

But he admitted the body is at an impasse. “I’m trying to find a way that we get an operating budget passed, that we somehow find a consensus point between the many competing viewpoints, not just on the budget itself, but on the annual Permanent Fund dividend,” he said.

It wasn’t long, however, before Edgmon blamed Republicans for blocking the majority’s will to enact an income tax, as it has tried to do for two years.

“The minority is not willing to come to consensus. Their whole goal is to obstruct, to delay, to stymie,” he said.

“You’re not going to hear me in the media throwing political salvos at [Millett’s] coalition or anyone for that matter because that’s not going to get us closer to the solution at this point.”

Edgmon went on to say that a larger dividend, such as the one approved by a slim majority of the House on Monday, was not likely to be sustainable into the future.

HOUSE MAJORITY RUNNING OUT OF RUNWAY

Edgmon had begun his remarks by admitting the House was in a budget impasse that “has been obvious to everyone.”

“Our coalition, we took the political risk last year and we’re at the point where we’ve not been able to find the consensus to get the operating budget off the floor.”

Earlier in the day, Edgmon was forced to conduct a “technical session,” essentially gaveling in and out without getting work done because of the chaos in his caucus.

But even that was a struggle for the Democratic-controlled majority.

Why not a regular session on Day 72? If no House floor session today, would it be likely to pass a budget on Good Friday? Easter Monday? Or is the House really willing to hand over the operating budget to the Senate on Day 80, leaving the Senate only 10 days to process the funding plan for state services next year?

In that scenario, the 120-day session is almost a certainty.

And yet Wednesday’s House meltdown was worse when the technical session suddenly had a quorum, and business might have been conducted.

When all 17 Republican members showed up for the technical session, with their sleeves rolled up and ready to work, four of the Democrats also showed up. It was a miscount on the Speaker and House Majority Leader Chris Tuck’s part.

Work could actually get done.

Speaker Edgmon hastily called an at-ease so he could shoo Rep. Daniel Ortiz from the House Chamber, therefore ensuring Edgmon did not have enough members to conduct business.

Then Rep. Harriet Drummond walked out of the Chambers, to give added insurance there would not be a quorum.

The House Democrat-led majority starts Thursday in a state of disarray, having ended Wednesday unable to even figure out how many people they need to not show up in order for them to not get any business done.

Daily ballot count: 30,749 Anchorage residents have voted

GET YOUR BALLOT DROP BOX LOCATION HERE

As of 7 pm on Tuesday, the Anchorage election office had logged 30,749 ballots received of a possible 198,000 ballots that had been mailed on March 13.

That’s a 15 percent turnout to date for the city’s first-ever mail-in election, which ends April 3.

Anchorage voters have six days to go to get their municipal ballots in.

Eagle River/Chugiak still is underperforming with fewer ballots than have been voted in prior elections.

Some 61 percent of ballots that have been turned in have come through the mail. The drop box that has been most popular is the one at the Loussac Library (address below). The election office has received more than 20,000 ballots back because of wrong addresses or “moved.”

Must Read Alaska readers who are curious to know if their ballot has reached the city’s election office can send a personal message to Must Read Alaska on Facebook. We’ll search the most recent list of who has voted and let you know if your ballot was received.

Alternately, call the Municipality’s Voter Hotline at 907-243-VOTE(8683).

Here are drop box locations for those not mailing in their ballots:

— Anchorage School District Education Center, 5530 E. Northern Lights Blvd.
— Bartlett High School, 1101 Golden Bear Drive
— Clark Middle School, 150 Bragaw St.
— Dimond High School, 2909 W. 88th Ave.
— Fairview Community Recreation Center, 1121 E. 10th Ave.
— Loussac Library, 3600 Denali St.
— Service High School, 5577 Abbott Road
— Spenard Community Recreation Center, 2020 W. 48th Ave.
— South Anchorage High School, 13400 Elmore Road
— UAA Alaska Airlines Center, 3550 Providence Drive
— Eagle River Town Center, 12001 Business Blvd.
— Girdwood Community Center, 250 Egloff Drive

ACCESSIBLE VOTING CENTERS AND HOURS 

Anchorage City Hall

632 West 6th Avenue, Room #155

All Municipal ballots will be available at this location.

Monday, March 26 through Friday, March 30 from 8:00 a.m. to 5:00 p.m.

Monday, April 2, from 8:00 a.m. to 5:00 p.m.

Election Day, April 3, from 7:00 a.m. to 8:00 p.m.

ZJ Loussac Library

3600 Denali Street, First Floor

All Municipal ballots will be available at this location.

Monday, March 26 through Saturday, March 31 from 10:00 a.m. to 6:00 p.m.

Sunday, April 1, from Noon to 5:00 p.m.

Monday, April 2, from 10:00 a.m. to 6:00 p.m.

Election Day, April 3, from 7:00 a.m. to 8:00 p.m.

 

MOA Election Center

619 East Ship Creek Ave, Suite 100 at Door D on the east side of the building

All Municipal ballots will be available at this location.

Monday, March 26 through Friday, March 30 from 8:30 a.m. to 4:30 p.m.

Monday, April 2, from 8:30 a.m. to 4:30 p.m.

Election Day, April 3, from 7:00 a.m. to 8:00 p.m.

 

O’Malley’s on the Green

3651 O’Malley Road

All Municipal ballots will be available at this location.

Monday, March 26 through Friday, March 30 from 10:00 a.m. to 6:00 p.m.

Monday, April 2, from 10:00 a.m. to 6:00 p.m.

Election Day, April 3, from 7:00 a.m. to 8:00 p.m. 

 

Eagle River Town Center

Community Room #170

Same building as the Library

12001 Business Boulevard, Eagle River

Only Chugiak-Eagle River ballots will be available at this location.

Monday, March 26 through Friday, March 30 from 8a.m. to 5:00 p.m.

Monday, April 2, from 8:00 a.m. to 5:00 p.m.

Election Day, April 3, from 7:00 a.m. to 8:00 p.m.

[Read: What? Seven days to go and only 26,000 ballots in?]

Anchorage speaks: 96.5 percent say Berkowitz wasn’t honest on sanctuary city

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UPDATE: SURVEY CLOSED AT 11 AM MARCH 29.

Here are the results:

 

 

 

You read about how Anchorage Mayor Ethan Berkowitz implored immigration lawyers to help him with ideas for helping illegal immigrants evade federal immigration authorities. And perhaps you watched the CSPAN footage just to make sure you agreed with the characterization.

Here’s the original story, in case you missed it.

Now take our survey: Has Mayor Berkowitz been honest with voters about his intentions?

Thank you!

What? Seven days to go and only 26,000 ballots?

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MUST READ ALASKA VOTERS – GET YOUR BALLOTS IN

The first mail-in election in Anchorage is a nail biter for candidates, but voters have not shown up in droves, indicating little excitement so far.

Some interviewed by Must Read Alaska report they are dragging their feet because there are too many propositions on the ballot, and they feel overwhelmed.

With only 26,000 ballots received as of Monday, it could be one of the lowest turnout elections in recent memory. Some 198,000 ballots were mailed out on March 13, leaving 172,000 ballots still outstanding.

To compare, turnout for the mayoral election in 2015 was 54,275 for the first round, and 70,516 for the runoff.

But a major push by liberal groups such as the Alaska Center for the Environment is scheduled for the next few days, with volunteers gathering at phone bank events to call known Democrat-leaning voters and urge them to get their ballots in.

Proposition 1 opponents, which include the ACLU and Planned Parenthood, are also banging on doors to get ballots in from voters who favor gender-neutral public restrooms.

These groups are receiving voter identification lists from the Municipal Election Office each day that are updated with the new ballots received. They know who has voted and who is still sitting on their ballots.

They marry the information up with their “known Democrat” data, and then jump on the phone to call the voters they like.

Conservative groups can use the same tactic, but appear to be outnumbered in volunteers and strategy. Local elections in Alaska are heavily dominated by liberals, as Anchorage’s recent record shows.

THESE PEOPLE HAVE CAST THEIR BALLOTS

A review of the most recent voting list of 26,000 who cast ballots as of March 26 shows that:

  • Ethan Berkowitz voted but Alice Rogoff has not.
  • Mark Begich and Tom Begich voted. So has Nick, “the Republican Begich.”
  • Tony and Susan Knowles voted.
  • Former Mayor Rick Mystrom voted.
  • Suzanne Downing voted, while radio talk show host Dave Stieren has not (out of town).

THE BEGICH BACK STORY

With a low turnout, Must Read Alaska readers in Anchorage have an opportunity to influence the course of the election.

But several voters MRAK surveyed this morning — voters who had not returned their ballots — were unsure about Prop. 10, Mayor Ethan Berkowitz’ plan to sell ML&P to Chugach Electric.

The plan to sell the city’s utility was put in place by former Mayor Mark Begich and current Mayor Berkowitz, and requires a change to the city charter, so that only 51 percent of voters are needed to vote in the affirmative for the billion-dollar sale to be approved. This key feature of Prop 10 is not disclosed on the ballot.

This is classic Mark Begich, the mayor who famously proposed a change to the city charter when he was running for reelection in 2003 as mayor, so that he would only have to get 45 percent of the vote in what was a three-way race between himself, Rick Mystrom, and George Wuerch.

That year, Begich won by just 18 votes, which was 45.03 percent, when voters approved that charter change during the same election.

Trickiness pays off. Had voters not approved the charter change, there would have been a runoff between Begich and Wuerch, and Wuerch would have picked up the Mystrom votes for a possible win.

THE BEGICH PLAYBOOK AT WORK AGAIN

It’s a strategy that worked for Begich, and he is using it again, as he works his contract with Chugach Electric to pull off a deal that has had little public scrutiny.

Proposition 10 asks voters to once again change the city charter so that only 51 percent of the vote is needed, rather than 60 percent. Oddly, nowhere in the proposition language does it inform voters that they are lowering the threshold from 60 to 51 percent. That little detail is buried in the underlying ordinance but not disclosed on the ballot. Trickiness may pay off yet again.

Begich is said to be making $12,000 a month on his lucrative Chugach Electric contract, and it will take years for the deal to be completed. His contract could be worth high six figures by the time the sale is actually completed.

Must Read Alaska reader Ray Kreig wondered aloud why the media has been so meek in its coverage of the sale of ML&P to Chugach Electric.

“A number of us former Chugach Electric board officers and directors are really puzzled as to why the Anchorage media have a complete news blackout regarding the views of very informed electric utility voices for a ‘No vote on Prop 10,'” he said.

Kreig pointed to resources developed by the Alaska Policy Forum and a statement from former RCA Commissioner Dave Harbour.

Those with electric utility experience opposed to Prop. 10 include three former Chugach Electric board chairs/presidents, including Ray Kreig, two former Chugach Electric board officers, one former Chugach Electric board director, recently resigned ML&P Commission Chair Judy Brady, and former RCA Commissioner Dave Harbour. Former Mayor Dan Sullivan has also come out in opposition to the sale.

Mayoral candidate Rebecca Logan has raised concerns about the transaction.

The question may come up today at 4 pm, when Rebecca Logan is set to debate Ethan Berkowitz on the Dave Stieren Show, in a format that allows them to ask each other questions. Only Logan has confirmed her attendance.

Wonder how Must Read Alaska’s Suzanne Downing voted? Shoot a question to [email protected]

Go big money: Permanent Fund dividend formula restored

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FORTY DIFFERENT REASONS FOR VOTING IT UP OR DOWN

The Alaska House on Monday voted to fund this year’s Alaska Permanent Fund dividend at $2,700.

If it stands — and that’s a big if — that’s what qualifying Alaskans would get in October. The deadline to apply for this year’s Permanent Fund is March 31.

The move to restore the formula-based approach to the dividend came through an amendment to an amendment to the operating budget on Monday.

After several other amendments to the amendment, a version was approved 21 to 19 that adds between $450 million and $900 million (depending on how one calculates it) to a budget that already has a $2.6 billion gap, digging a hole that is more than $3 billion deep.

The budget patch would come from two places: the $2 billion that will be left in the Constitutional Budget Reserve and then some portion of the Permanent Fund’s $17 billion Earnings Reserve Fund, which is what is available for spending.

But the operating budget as a whole itself must pass, and getting the 21 votes to pass a budget that has bulked up with everything from a $500,000 Vitamin D study to unlimited authority for the Alaska Gasline Development Corporation to go it alone with third-party money, may prove difficult. It takes a simple majority vote to get into that Earnings Reserve Account, something that also has election-year ramifications.

With 19 days left in regular session, the House majority appears to be fracturing, still unable to pass an operating budget, and having its liberal members vote all over the map on the question of how much to fund the dividend shows that it’s not a binding caucus.

The disarray in the House under Speaker Bryce Edgmon leaves the Senate little time to process the operating budget through the required committees, vote on it, and then negotiate a settlement with the House through conference committee.

ELECTION YEAR NOISE-TO-SIGNAL RATIO

Politicizing the dividend for the first time in history, in 2016 Gov. Walker used his veto pen to set Alaskans’ portion of oil royalties at what he thought would be a tolerable amount. The $666.4 million he vetoed from their dividends stayed in the Permanent Fund’s Earnings Reserve Account and earned interest.

“If we don’t make a change in the dividend program, it goes away in four years,” Walker said two years ago.

But in 2018, the governor could be forced into vetoing half of the dividend once again, if the Senate goes along with the House’s decision to fully fund it.

And because it’s an election year, Walker could be forced into a corner by his opponents.

Many Democrats want to see Mark Begich run for governor, and the Permanent Fund dividend is a way of putting the “independent” Walker in a box: If he vetoes the dividend again, he may find no way to climb out of his political malaise. Walker won by joining with the Alaska Democratic Party to create a hybrid independent-Democrat ticket that won against incumbent Sean Parnell, a Republican.

Recent polling by Dittman Research shows that Walker’s popularity with voters has taken a dive, with only 41 percent prepared to vote for him again this year. Another poll by Morning Consult shows him as the least popular governor in the nation.

WHERE DID THE YES VOTES COME FROM?

If the dividend amount stands at $2,700, it would be the largest awarded in the Permanent Fund’s history, although not when inflation is calculated.

The yes votes on $2,700 dividend went across caucus lines: Speaker Bryce Edgmon, Neal Foster, Scott Kawasaki, Gabrielle LeDoux, John Lincoln, Justin Parish, Ivy Spohnholz, Geran Tarr, Chris Tuck, and Tiffany Zulkosky in the liberal majority and David Eastman, DeLena Johnson, Charisse Millett, Mark Neuman, George Rauscher, Lora Reinbold, Dan Saddler, Colleen Sullivan-Leonard, Dave Talerico, Cathy Tilton, and Tammie Wilson in the conservative minority.

All House members are up for re-election along with the governor. Ten of the 20 Senate members face re-election in 2018.

[Related news: Senate Democrats walk out rather than vote on spending cap]