Terrence Shanigan: Alaska’s vulnerable election system betrays our Constitution

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By TERRENCE SHANIGAN

This is the first part in a three-part series on Alaska election reform.

Alaska is a place where election issues are the norm, not the exception. As an Alaska Native from Bristol Bay, I am keenly familiar with the many issues that have surfaced over the years. 

To list a few: the lack of access to in-person voting; the ability to destroy ballots at the precinct level; the claims that many lack access to voter identification; and irregularities like those seen in the Senate race between Joe Miller and Sen. Lisa Murkowski that re-surfaced during the 2016 House race between challenger Dean Westlake and incumbent Rep. Ben Nageak. We also know that a series of data breaches between 2012 and 2024 compromised the voting data of most Alaskans. 

Cumulatively, cybersecurity failures, judicial activism, perceived bureaucratic interference, and apathy by the executive branch all add up to big problems with our elections. 

I have never stated or implied that fraud is a part of our election system. However, I have identified areas where we have the potential for significant errors, inaccuracies with ballot counting, and the need for strict accountability. The data security vulnerability should alarm everyone. Every Alaskan has had their HIPPA information compromised in the past few years, and 113,000 Alaskans had every part of their voting identifiers stolen by nefarious actors.

Was your information stolen? You may never know because the Division of Elections keeps this information to itself. Where is the callout from the legislature, the Division of Elections Director, or the Office of the Lieutenant Governor to share this information with the public? Full public disclosure should be our right under the law. 

The problems are systemic, and they have been around for decades. As more time passes, they compound without much improvement. The problems we see with our election system are well known, and these dysfunctions are embarrassing and undermine voter confidence.

Three overarching issues have emerged.

  • First, apathy by the executive branch for failing to embrace their constitutional obligation.
  • Second, judicial interference with the intent to undermine existing statutes and obstruct reform by circumventing the intent of the legislative branch.
  • Third, activism at different times by the Division of Elections.  

With such a high transient population, many Alaskans need more historical background of our election woes. Others, due to the passage of time, still need to be reminded of the headlines from past election cycles.

One thing remains constant, however, which is that career bureaucrats and the judiciary outlast short-term election cycles. 

Elections directors come and go, as do lieutenant governors, but all drink from the same glass. Few come in with the necessary knowledge of these problems, and fewer have the will to make the substantial changes we need, which compounds the problem. We have witnessed bureaucrats protect the status quo, not necessarily based on nefarious intent but rather on protectionism.

For years, legislators from both sides have unsuccessfully attempted to make election reforms. Sen. Mike Shower (R-Wasilla) is a long-time champion of election reform. Rep. Sarah Vance (R-Homer) has, in recent years, collaborated to propose meaningful reform. All too often, good legislation is hijacked by legislators filing amendments such as same-day registration with no voter ID—a deal breaker for 84 percent of Americans, according to a 2020 Monmouth University research poll and a 2024 Gallup poll. 

Serious election issues have been an ongoing problem in Alaska since 2010 during the write-in campaign between Joe Miller and U.S. Sen. Lisa Murkowski and, more specifically, legal challenges in House District 40. Here is a brief history of the more notable problems:  

In 2012, the Alaska Department of Health and Social Services (DHSS) breach had a portable hard drive stolen that exposed the personal information of approximately 500 Alaskans.

In 2014, during the hand count of mail-in and questioned ballots for the Bill Walker vs Sean Parnell race for governor, it was discovered that as many as 15 percent of Alaskans were improperly registered, resulting in the in-state legislative portion of their ballot being rejected.

In 2015, the Alaska Department of Administration experienced a cyberattack affecting over 700,000 Alaskans.

In 2016, Democrat primary incumbent Rep. Benjamin Nageak and challenger Dean Westlake experienced legal challenges and judicial interventions similar to Miller vs. Murkowski in 2010 in House District 40. 

In 2020, five days before the election, Alaska’s Online Voter Registration System was breached, and nefarious foreign actors stole the personal information of more than 113,000 Alaskans, enabling ballots to be printed online and cast without your knowledge.

In 2020, amid the Covid-19 pandemic, the Alaska Legislature, before it recessed, took up the question of whether a signature would still be required for mail-in ballots. The Legislature voted to keep the signature requirement and adjourned. Anchorage Superior Court Judge Dani Crosby then ruled in favor of the plaintiffs, the League of Women Voters of Alaska, stating that the witness signature requirement unconstitutionally burdened the right to vote amid the pandemic.

In 2021, another sophisticated cyberattack compromised Alaska’s DHSS system again, exposing all Alaskans’ personal and health information. 

In 2024, an Alaska Department of Corrections data exposure of the Health Insurance Portability and Accountability Act (HIPAA) exposed protected health information to incarcerated individuals.

This pattern of serious security breaches continues to expose the vulnerabilities of Alaska’s election system. There has been a lack of action, which comes down to willful apathy from politicians and bureaucrats who appear content with turning a blind eye to fixing Alaska’s election issues.

The lieutenant governor should turn over every stone—and now—to answer any questions about the vulnerability of our election system before certifying an election. A dive into the many problems with Alaska’s election system will be explored in the second part of this series. If any Alaskan thinks they know a lot about Alaska’s election issues, just wait until you see what is under the hood.

Terrence Shanigan is a lifelong Alaskan of Sugpiaq descent from Bristol Bay. He is also the co-founder of Mission Critical, is a combat veteran, an honored husband and a dedicated father.

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