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Reversal: Supreme Court vacates judge’s injunction on election certification for today’s special primary

Suzanne Downing
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22
Reversal: Supreme Court vacates judge’s injunction on election certification for today’s special primary

The Alaska Supreme Court today overruled an Anchorage Superior Court judge’s decision to prevent today’s special primary election from being certified.

On Friday, Anchorage Superior Court Judge Una Gandbhir, appointed by Gov. Bill Walker, had agreed with the Alaska Human Rights Commission that blind people in Alaska had not been given adequate access to voting a private ballot in this all-mail-in election. The lawsuit had been filed by the commission on behalf of an Anchorage man, with just three days left of the 44-day election for the temporary replacement for Congressman Don Young, who died in March. The commission had not offered the court a remedy to the situation.

Saturday morning, the Supreme Court took a different view and vacated the temporary injunction, reversing the order to stop the certification of the special election primary, which ends at 8 pm on Saturday.

When reached by phone, Gov. Mike Dunleavy, said, “At a time when Alaskans are being asked to cast their votes in a new electoral system and that system was made more complicated due to the untimely passing of Congressman Young, it is somewhat relieving that the Supreme Court appears to have instituted a little bit more stability and did not allow a last-minute lawsuit to disrupt an election that Alaskans already are concerned about and that has wide-ranging implications.”

The Supreme Court did not expand on its reasoning, saying it would issue the full opinion at a later date. Story and column from Friday are linked below the order:

S18442_2022-06-11_O1-CorbisierDownload
Meltdown: Alaska judicial system is taking down our democracy through election interference
Breaking: Judge rules against state, which cannot certify the election until blind voters have full and fair vote

Meltdown: Alaska judicial system is taking down our democracy through election interference

Suzanne Downing
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40

By SUZANNE DOWNING

With the stroke of a pen, a Superior Court judge in Anchorage has thrown the democratic election process into complete turmoil in Alaska.

Judge Una Gandbhir, with just one day before the end of a 44-day election cycle, has ruled that the special primary election results for the congressional race cannot be certified until the State Division of Elections makes sure all vision-impaired voters have access to adaptive computer devices allowing them to vote privately through the internet.

The special primary election is over a 8 pm on Saturday. That’s when the ballots would normally be counted and the bulk of the results announced by 9 pm. More counting and release of results would take place on the 15th, 17th, and 21st of July. Certification is set for the 25th. The top four vote-getters would be ready to go to the special general election, to be held on Aug. 16 along with the regular primary election.

It was always confusing, but now it’s pure chaos.

But Judge Gandbhir has created a corruptible or at least highly suspect election because, if the votes are counted on Saturday night as expected, and a result between two candidates is close, that means the visually impaired voters who have yet to vote will have more information than all the other 130,000 voters who had cast their ballots without knowing who is ahead.

Here’s a sample scenario that makes fraud possible: A close race between, say, Mary Peltola and Tara Sweeney for that coveted fourth place on general election ballot, would give a few vision-impaired voters the ability to sway the election with their votes, if the results are announced Saturday. That is why the results cannot be announced — a few voters would have the possibility of deciding that fourth slot on the ballot because they would go into the voting booth with more information.

It’s outrageous. But it didn’t need to happen. The director of the Division of Elections made the decision soon after the death of Congressman Don Young that the only way to stay on a schedule that meets the statutory requirements for temporarily filling the congressional seat was to do an all-mail-in election.

Gail Fenumiai, the director, said in March that a regularly conducted primary could not be done because she did not have time to hire and train temporary election workers and deploy them around the state in all the precincts.

And so here we are, with a court case that shows that Fenumiai erred in recommending the state just turn to an all-mail election. In hindsight, it would have been better to bring back all the former election workers and stand up an election in the traditional method.

Instead, Alaska is at a crossroads where if the votes that have been cast are not counted, and are just sitting in a vault, the voters will have even less confidence in the Division of Elections than they now do. And their confidence is already shaken.

Or, if the Division of Elections counts the ballots on Saturday but does not release the results until the blind voters have had a chance to use an adaptive device, the electorate will lose all confidence. Voters will have suspicions that the results will be leaked to a chosen few, and there will be no convincing them otherwise.

The Gandbhir ruling creates the perfect storm in a year when Ballot Measure 2, with its jungle primary and ranked choice general election, has already created chaos and distrust in our election system.

In fact, an argument can be made that Ballot Measure 2 led us to this place, where we have to have a primary and a general just to fill a four- or five-month seat in Congress. Under our former system, we could have done the job with just one election, but no, Ballot Measure 2 forces Alaska into two elections for the temporary seat, and two elections for the regular seat — four statewide elections in one year, driving up costs and driving down confidence.

This becomes even more tangled because the author of Ballot Measure 2 is also working as the lawyer for the independent expenditure group for candidate Sweeney.

Yes, that old name Scott Kendall — the chief of staff for former Gov. Bill Walker, and author of so many bad ideas in Alaska — brought Ballot Measure 2 to voters with the help of millions of Outside dollars, convincing voters this would be a more civilized way to do elections.

Knowing that Kendall is involved in the congressional races, which could be decided by a handful of blind voters, is disconcerting. Giving Kendall a few more days to muck around in our elections is a scary thought. But watching a judge rule that an election cannot be certified is nothing short of election interference by the courts.

Suzanne Downing is publisher of Must Read Alaska.

Breaking: Judge rules against state, which cannot certify the election until blind voters have full and fair vote

Breaking: Judge rules against state, which cannot certify the election until blind voters have full and fair vote

Suzanne Downing
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26
Breaking: Judge rules against state, which cannot certify the election until blind voters have full and fair vote

A Superior Court judge has ruled the State of Alaska cannot certify the current mail-in election because the Division of Elections did not provide an adequate way for blind people to vote privately in all areas of the state. The election ends at 8 pm Saturday.

The State Department of Law is asking the Alaska Supreme Court to reverse the injunction, which was written by Superior Court Judge Una Gahdbhir.

The ruling throws a monkey wrench into the hurry-up election put together by the Elections Division to get the special primary election completed in the legal timeframe. When Congressman Don Young died on March 18, the Elections Division Director Gail Fenumiai and Lt. Gov. Kevin Meyer decided to do the state’s first all-mail-in election. Ballots went out in the mail on April 27, and must be postmarked by June 11. Over 121,000 ballots have been cast in this election, as of Wednesday.

Certification was set for June 25 by the Division of Elections.

The judge did not provide a remedy for getting private voting options for visually impaired people. The Alaska Human Rights Commission sued on Wednesday, giving the State little time to remedy the problem of ensuring that blind people could cast a ballot in secret, as seeing people are able to do with the paper ballots.

The Elections Division will be able to count votes on Saturday night, but if the delay continues, it could impact when the State holds the special general.

Yet, if the election results are made public, and there is a very close race, those public results could theoretically end up swaying the final tally, if there are enough blind voters who decide to vote.

Right now the primary election for the regular election is Aug. 16, and if the special primary election certification is delayed, the special general could be delayed by a few weeks. Will the Division of Election also conduct that one by mail only?

One thing is certain, the ruling derails the ability of the Election Division to meet the statutory timeframe for the special general election to be on the same day as the regular primary election.

Alaska Human Rights Commission sues State over special primary, due to poor access for blind voters
Dept. of Law has ‘serious concerns’ about timing of special congressional election lawsuit

Notes from the trail: It’s all over but the shouting

Suzanne Downing
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9
Notes from the trail: It’s all over but the shouting

More than 121,000 votes were logged in as of yesterday at the Division of Elections for the special primary election for Alaska’s congressional seat. We’re now on the 24+-hour watch, with Division of Elections reporting out the majority (we presume, but they won’t say) of the votes by 9 pm on Saturday. Must Read Alaska will be reporting from Soldotna on Saturday.

Colony Day Parade: Look for lots of candidates to have entries in the parade in Palmer Saturday, including Rep. DeLena Johnson and Sen. Shelley Hughes. Nick Begich for Congress will have a truck, but we’re not expecting candidates Tara Sweeney or Mary Peltola to look for last-minute Valley votes. All of the candidates are going where the crowds are most receptive on Saturday.

Media gaffe: Bloomberg’s report, above, shows why congressional candidate Nick Begich has the highest hill to climb in this election. The report said “Mark Begich,” the name that is kryptonite for Nick, the conservative in the family who is always having to battle the old leftist uncles…who have endorsed rival Chris Constant for Congress. That is a groaner for the Nick campaign, which is now referring to him as NBIII, understandably.

On the other hand, at least the national news group mentioned Must Read Alaska, even if it was an old poll from April:

More media: New York Times has a roundup of the Alaska race at this link.

FiveThirtyEight, the Nate Silver polling and survey site, has a story here.

Slate jumped in with a story at this link.

Mother Jones got in on the action with this story.

Running through the tape: About 80 people attended the Nick Begich for Congress fundraiser at the Keith Manternach hangar in Anchorage on Thursday, and there were a lot of new faces. Photo at top of page captures some of the vibe, which was upbeat and casual.

Kelly Tshibaka and the bikers: Tshibaka, running for U.S. Senate, is on the Kenai with Chris Cox, founder of Bikers for Trump, and a lot of Trump and Tshibaka fans. They’re doing door-to-door campaigning.

Jamie Allard: Restriction of speech is red flag of tyranny

GUEST CONTRIBUTOR
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Jamie Allard: Restriction of speech is red flag of tyranny

By JAMIE ALLARD

Freedom of speech: Is there any right more paramount to a free society? Without freedom of speech, there is no freedom of thought. And without freedom of thought, there is no wisdom. And without wisdom, a government will crumble. For to govern with wisdom, you must set the ideas free and the good ones will rise to the top. Just as truth will always find the light of day, so too will the good ideas rise above the scrutiny of public discourse. The restriction of speech is a red flag of tyranny.

“Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins.” – Benjamin Franklin  

If a bad idea cannot be challenged, nor a good idea tested, then we are left with a vacuum filled by power hungry politicians, who espouse their own agendas and would silence those who dare to disagree. Leaders who resort to censorship are threatened by free speech, because the power of the people would shut down their self-interests and politically biased decisions.  

On several occasions, and lately becoming more the norm, I have been censored in public meetings. I have had my microphone muted, I have been ignored, deemed “out of order,” when it was within my right to call a point of order, and told to stop talking.

As an elected representative, when they silence me, they silence you. The question is why? What are they so afraid of? Are my words really so scary? Does listening to my point of view pose such a threat? If they can’t hear what I have to say, they certainly don’t care what you have to say.  

My colleagues on the Anchorage Assembly have been allowed to ask questions, interrupt, imply motive, make comments out of debate, debate testifiers during public comment periods, and generally not been held to the same standards and rules of decorum as I have been held.

Now, I am not suggesting we throw rules to the wind and let chaos control an Assembly meeting. I am suggesting that silencing someone when it is their turn to speak because you do not like what they have to say is just plain wrong. Less than the glaringly obvious political bias, what concerns me most is this the naked censorship. We may not agree on how to govern this city, but we should agree on the fundamental principles which we have pledged an oath to uphold.  

The line between a free society and the Gulag is as narrow as the stroke of a pen. For one act of censorship requires another and another until all speech is regulated to conform to an ideology. Free speech has fueled every great advancement the human race has ever achieved. But censorship is the slippery slope to all tyrannies perpetuated on people since time immemorial. We must do better. Do I like to sit and endure the name calling and accusations that sometimes come from the public? Of course not. But I will defend to the death their right to say it.

If we cannot preserve the fundamental freedoms of this nation, we have failed in our duty as public servants.  

Jamie Allard is an Anchorage Assembly member representing Chugiak and Eagle River.

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Dept. of Law has ‘serious concerns’ about timing of special congressional election lawsuit

SENIOR CONTRIBUTOR
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Dept. of Law has ‘serious concerns’ about timing of special congressional election lawsuit

By KIM JARRETT | THE CENTER SQUARE

Officials with the Alaska Law Department say they have “serious concerns” about the timing of a lawsuit challenging Saturday’s special congressional election. 

The Alaska State Commission on Human Rights is suing Lt. Gov. Kevin Meyer and the Alaska Division of Elections over the mail-only election on behalf of a visually-impaired voter identified as “B.L.” 

“B.L. filed a complaint with ASCHR on May 15, 2022, alleging that the ballot is not accessible to a visually impaired individual and that the DOE is engaging in discrimination on the basis of a disability based on its failure to provide accessible ballots or voting machines throughout the state, denying B.L and similarly-situated voters equal access to its services,” the lawsuit states. “Despite several meetings with ASCHR before and after the filing of B.L.’s ASCHR complaint over the lack of reasonable accommodations for visually impaired voters over the course of the last several weeks, the DOE does not plan to place touch screen voting machines at more than five locations throughout the State.”

The plaintiffs are asking elections officials not to certify the election “until such time as visually impaired Alaska voters are given a full and fair opportunity to participate in such election.”

A spokeswoman with the Department of Law said the office is still reviewing the lawsuit. 

“The Division of Elections has serious concerns about the timing of this lawsuit and will ask that the court not upset the constitutionally and statutorily required special election, for which ballots were sent out over a month ago,” said Patty Sullivan, a spokeswoman for the Department of Law in an emailed statement. “These issues could have been raised much earlier, and the Division has not done anything differently than what it has done in the past for absentee voting. We are hopeful the court will agree.”

The Division of Elections “has systems in place to help all voters exercise their right to vote, even in a mail-in election.” Sullivan said

“A voter can get the assistance of a trusted person to complete the ballot received in the mail in the comfort of their own home,” Sullivan said. “Election workers can help voters with their ballots at any absentee-in-person location or division office. Or voters can fill out a ballot privately online using their own computer or tablet set to their own specifications. And, at division regional offices, tablets are available to fill out the ballot digitally for those who need it.”

Forty-eight candidates are vying to serve the remaining four months of the late U.S. Rep. Don Young’s term. Ballots must be postmarked by Saturday. More than 121,000 ballots had been received back at the Division of Elections as of Thursday.

The top four vote-getters will advance to a runoff held during the Aug. 16 primary.  

Alaska Human Rights Commission sues State over special primary, due to poor access for blind voters

Gas and groceries spike again as soaring inflation eats away at Americans’ paychecks

SENIOR CONTRIBUTOR
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Gas and groceries spike again as soaring inflation eats away at Americans’ paychecks

By DAN MCCALEB | THE CENTER SQUARE

The price of food, gas and other consumer goods spiked again in May, as inflation is forcing Americans to make tough decisions about how to spend their money.

According to the U.S. Department of Labor, consumer prices climbed 8.6% in May over the same period last year, the largest increase since 1981. From April to May, costs jumped 1%, a sharp increase over the 0.3% spike from March to April.

The cost of gasoline is driving the 40-year-high inflation, as gas prices rose for the 12th consecutive day overnight. The average cost of a gallon of regular gasoline is now $4.99, according to AAA, a penny from the $5 threshold that motorists in more than 20 states already are paying.

The food index rose 10.1% over 12 months and 1.2% from April to May. The cost of housing, rent, home energy and airline tickets also saw significant increases. Core prices, which exclude food and energy, rose 6% over the year.

Stock futures dropped after Friday’s inflation report was released.

Lower income Americans are being hit the hardest by rising prices because they have less discretionary money to spend.

“What’s both remarkable and troubling is the lack of discussion over the price level, which is the new ‘floor’ for prices in the economy,” Erik Randolph, director of research at the Georgia Center for Opportunity, said. “The only discussion is about bringing the inflation rate back down. This means that the federal policymakers are willing to leave the price level elevated. Leaving the price level elevated means we are leaving the economically disadvantaged further behind, exacerbating the economic divide in our nation.”

A new poll from the Trafalgar group shows that a majority of Americans think President Joe Biden “is intentionally letting gas prices rise to make Americans use less fossil fuels.” According to the poll, 53% of Americans believe so, 39.6% don’t think the president is intentionally letting gas prices rise, while 7.4% are unsure.

“Surging gas prices are creating immense hardships both for everyday Americans and for our economy at large,” Mark Meckler, president of Convention of States Action, said in a statement accompanying the poll. “This stunning data reveals that a majority of voters believe our gas crisis is by design. Specifically, that President Biden is intentionally allowing gas prices to continue to rise in order to advance the political agenda of Washington, DC special interests.”

​Dan McCaleb is the executive editor of The Center Square. He welcomes your comments. Contact Dan at [email protected].

Win Gruening: Give our kids a sporting chance

SENIOR CONTRIBUTOR
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2
Win Gruening: Give our kids a sporting chance

By WIN GRUENING

This week, over the strident protests of some trail users, the Parks and Recreation Advisory Committee wisely approved a temporary pitch-and-putt 9-hole disc golf course at the Treadwell Mine Historic Site in Douglas. This approval would add another much-needed outdoor recreation venue for local residents.

Disc golf is a sport in which players throw a disc (similar to a Frisbee) at a target, or basket, using rules similar to golf. Most disc golf courses are built in more natural and less manicured environments than a regular golf course and require minimal maintenance while incorporating safety in their design.

The project would be located near existing walking trails, so it initially generated some concern among trail users worried about hiker safety.  However, the Juneau Disc Golf Club, the project sponsors, have been responsive in addressing concerns through re-design and re-locating holes.

Two of Juneau’s most enduring qualities are its access to outdoor recreational opportunities and its commitment to shared, mix use of its public resources. The City and Borough of Juneau Assembly, city staff, school district, and a whole host of non-profits and volunteers deserve credit for championing and developing diverse recreational activities.  They all play a vital role in the health and well-being of our youth and families.

A recent City Journal article citing an Aspen Institute survey on youth sports revealed that 45 percent of American parents saw a reduction in local community programs and sports teams during the pandemic. Significantly, 28 percent indicated their kids had lost interest in organized sports.

This has resulted in rising obesity rates and levels of depression. During the pandemic, Juneau, in particular, saw an unprecedented number of young people experiencing high levels of stress, thoughts of self-harm and suicide attempts. It’s a simple fact that activities that get kids off their couches, screens and phones is good for physical and mental health.

Juneau officials have recognized this and have included “diverse recreational assets and opportunities” as a goal in Juneau’s economic plan.

Recently, the Assembly approved an expansion of the municipally-owned ski area summer operation that will open up a whole host of new activities for visitors and residents (while allowing the ski area to be financially self-sufficient). The selection of a site at 35-Mile for ATV enthusiasts is another illustration that widens the diversity of recreational options available to residents.

Disc golf shares the benefits of the above examples and it’s now one of the most rapidly growing sports in the country.  Idaho, for instance, has 143 courses, and Alaska has close to 50 throughout the state. The sport has been fully embraced in Juneau through a variety of programs sponsored by disc golf club. According to club officials, professional coaches taught around 1,000 students how to play disc golf in the 2021-2022 school year, at local schools at the elementary, middle, and high school level. Similar classes were taught in Skagway and Haines.

Discs and baskets were left at the schools so teachers could use them during gym class. Reportedly, participation percentages were remarkably high, engaging many students that previously didn’t enjoy gym class.

JDGC has five different leagues and sponsors tournaments throughout the year. The club also has a development league every Sunday and holds clinics to improve skill levels.

Juneau’s one existing 18-hole disc golf course near Lena Point is used by more experienced players. There is a need for an easier more compact 9-hole course for beginners to practice and learn on. The temporary Treadwell course is intentionally designed to accommodate beginners by limiting play to putting and pitching discs that are thrown shorter distances and at slower speeds (picture an executive par 3 golf course).

Unfortunately, before all the facts were known, opponents of the project mounted an anti-course petition drive, citing a few rare injuries that occurred in other states involving large, poorly designed disc golf courses located in heavily trafficked public parks. Their testimony at the hearing when the proposal was being considered offered no compromise.

The Treadwell course layout will locate holes so discs will not fly adjacent to or across published trails. In addition, disc golf club is only applying for a temporary permit on a first-year trial basis which will allow for further public comment.

Expansion of recreational venues throughout the borough is a top priority of the Assembly and enhances the quality of life for all residents, but especially our youth. 

This Juneau Disc Golf Club project deserves a chance to succeed. Thanks to Juneau’s Parks and Recreation Advisory Committee for giving them that opportunity.

After retiring as the senior vice president in charge of business banking for Key Bank in Alaska, Win Gruening became a regular opinion page columnist for the Juneau Empire. 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.

Win Gruening: Constitutional convention would open up a can of worms

Win Gruening: Juneau’s budget balancing act is actually not that hard to do

Alaska Human Rights Commission sues State over special primary, due to poor access for blind voters

Suzanne Downing
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6
Alaska Human Rights Commission sues State over special primary, due to poor access for blind voters

The state’s Human Rights Commission has filed a lawsuit against the Division of Elections, its Director Gail Fenumiai, and Lt. Gov. Kevin Meyer, alleging that Alaska’s special mail-in election for the vacant congressional seat robs voters who are blind, because they have no good way to vote privately or independently, as they do in regular elections.

The lawsuit was filed Tuesday on behalf of a plaintiff referred to only as “B.L.,” asking the court to stop the certification of the results of the June 11 special primary election until blind voters have “a full and fair opportunity to participate.”

There are options for voters, including using custom computer technology to vote, and most visually impaired adults have access to such technologies. But perhaps B.L., who lives in Anchorage, does not have access to a computer, the Internet, and the adaptive software.

“A visually impaired voter may identify, and vote for, a candidate using this electronic option privately only by using screen reading technology which reads the text aloud. However, this option is only available to those visually impaired voters who have access to a private computer with internet access. Additionally, to ensure privacy, this option requires a visually impaired voter to access and fold their ballot in absence of any instructions regarding the same; any requirement of dependence on another individual to facilitate this process precludes the voter’s privacy,” the lawsuit states.

The Division has published June 25 as the target date for the certification of the election. As of now, the votes will be counted and announced starting Saturday night, unless a judge blocks the state from being able to proceed.

If the judge agrees and stops the election, the very results of the election may come into question, and be subject to lawsuits, as ballots sit uncounted for an unspecified period of time. The Law Department says the fact that the lawsuit was filed just three days before the end of the election poses serious challenges and that the Division of Elections is not doing anything differently than it has in the past.

human-rights-complaintDownload

The June 11 special primary election will determine which four names will go on the special general election ballot, which must be printed and mailed to overseas voters along with the regular primary ballots that are voted at the same time. Candidates will not know how they performed and won’t have the information to decide whether to continue as a candidate during the regular election cycle for the congressional seat. The deadline for withdrawing is June 26.

The Division of Elections must then print the general-and-primary combo ballot and has until July 1 to mail the ballot to overseas voters. Any delay in the process could upend the entire election, which is on a tight schedule due to the untimely death of Congressman Don Young on March 18.

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