Tshibaka cleared: All allegations dismissed by APOC

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The ongoing legal harassment of former U.S. Senate candidate Kelly Tshibaka by attorney Scott Kendall and the dark-money group Alaskans for Better Elections went against Kendall and ABE this week.

The Alaska Public Offices Commission ruled in favor of Tshibaka, after Alaskans for Better Elections filed specious claims against her and the group she formed to fight ranked-choice voting, Preserve Democracy, earlier this year.

The staff of the commission had recommended a fine of more than $23,000, because Tshibaka had stated that elections should be “easy to understand and accessible to everyone.” 

Kendall and Alaskans for Better Elections (the group that brought ranked-choice voting to Alaska) said her speech was governed by APOC regulations she had violated.

Tshibaka appealed the staff recommendation to the commission itself, arguing that she has the constitutional right to say that she opposes ranked choice voting and she spoke against the system during events not within the jurisdiction of Alaska Public Offices Commission.

Tshibaka also pointed out that APOC’s attorneys argued in favor of her same position before the Alaska Supreme Court last fall, saying that it only has the right to regulate expenditures that exhort Alaskans to vote for or against ballot measures.

Since the Preserve Democracy website said nothing to Alaskans about how to vote and there is no matter pending on a ballot about ranked-choice voting, Tshibaka argued APOC trying to regulate her speech was a violation of her First Amendment constitutional rights. 

The commissioners agreed with Tshibaka and completely dismissed Kendall and Alaskans for Better Elections’ frivolous allegations. The commission also found no evidence Tshibaka ever operated as a lobbyist, another claim made by Kendall. The commission further determined that Tshibaka and Preserve Democracy ran a non-partisan get-out-the-vote campaign that did not trigger APOC reporting requirements.

“Today is a victory for the Constitution,” Tshibaka said in a statement. “It is the responsibility of the American People to protect Free Speech from being trampled by government. In this case, APOC’s staff were spurred along by Ranked-Choice Voting advocates to trample on the Free Speech protections of the Constitution. But Preserve Democracy and I took a stand for Free Speech by challenging this government overreach. Fortunately, the APOC Commissioners saw through ABE’s disinformation, unconstitutional attacks, and frivolous allegations to discern the truth and protect all of our constitutional rights.”

Tshibaka, a Republican, ran against Sen. Lisa Murkowski in 2022. With the open primary and ranked-choice voting system enacted by voters at the behest of Alaskans for Better Elections, Murkowski was able to avoid and ignore Republican voters in the primary, winning her chance to advance to the general election ballot by depending on loyal Democrats. Kendall, a political operative who is also an activist lawyer, is a longtime supporter of Murkowski.

After the election, Tshibaka launched Preserve Democracy, a platform she uses to educate Americans in Alaska and other states about the realities of ranked-choice voting and how it is being used by Democrats to give their candidates an advantage. More about Preserve Democracy at this link.

37 COMMENTS

  1. Kudos to Kelly for standing up for our right as Alaskan’s to have a common sense ballot. Unfortunately the communist left made sure they drug this through the courts long enough to insure we will still have ranked voting in 2024😡 Oh yah…Trump 2024🇺🇸🇮🇱

    • Even without RCV Kelly still would have lost the U.S. Senate to the true born and raised Alaskan, the Honorable Senator Lisa Murkowski 😉

      • Thank you, sir, for sticking up with the Murkowski family. It is good people like you who will keep the Murkowski name in good standing for the next 250 years. We hope you can join our entire family for the pro-abortion rally later this month. Our adopted son, Scott Kendall, will be leading the rally.

        • Frankie, please keep your comments to yourself. I’ve already been kicked out of the Republican Women’s Clubs around Alaska. Now it’s going to be hard for me to find a Catholic Church that will allow us in for confessionals. Didn’t you learn anything from Catechism classes?

      • We’ll never know, but I don’t agree. The honorable Lisa should run as a democrat. It seems to me that is where her heart is.

        • Lisa never found her brain. That’s why it too 8 trips to the bar exam before daddy Frankie intervened and got her the answers. Nothing like appointing a dumb daughter to the US Senate by an even dumber pop. And future generations of Alaskans will pay for these two dumbies.

  2. Good and right decision. But even with a win, she and all Alaskans lose due to the utilization of frivolous lawsuits to wear down what is right. Costly and time consuming.

  3. A tactic that pays off, here and there. Don’t like a candidate, just sue that candidate for some reason and hope an activist judge rules in your favor.
    What a crock!
    Judges should reject these kinds of lawsuits and not waste time and taxpayer money.

  4. We told our new son, Scott Kendall, to forget about filing frivolous, ex post facto lawsuits. He got Lisa back into the US Senate seat, twice, which is perfect for Nancy and me. That’s all that matters.

    • Possibly empty victories, though, as SK and his ilk just keep a’ coming and throwing legal s**t at the courts; there will be at least one case where it sticks, and that’s all they’ll need to justify ALL of their unethical tactics. They can’t be bargained with. They can’t be reasoned with. And they absolutely will not stop, ever, until you are politically dead (and ultimately subjugated). Fighting one defensive battle at a time over and over and over is an ultimately unwinnable war of attrition. We need new tactics and a winning game plan. We need to quit being on the defensive all the time. We need a political Hiroshima/Nagasaki.

      • I agree. We always seem to be on the defensive. You will never ever win being on defense. Remember, “Never let a crisis go to waste” by Rahm Emmanuel. This Nation was not founded by those who took defensive tactics/strategy. As you say, being on the defense results in the opposition draining your resources even if they lose.

  5. Now turn the tables, Kelly, and go after that POS Scott Kendall!
    The sooner that he is banished from this state, and/or locked up for life, the better.

    • Banished ? Locked up ? You’re getting much too limp Mr Jefferson, what do you think the gallows that those brave Patriots brought to their Jan 6 tour of the Capitol were for ?

  6. Ok, so the charges against Kelly were dismissed. But what should we make of APOC’s decision, issued on the same day, to fine Alaskan’s for Honest Elections (a group founded by conservative Art Mathias) $94,000. I admit I have not read APOC’s decision, but according to the ADN “ The commission found that in their quest to collect the signatures, which began shortly after the 2022 election, organizers of the ballot initiative did not correctly register their activities with the state, did not report their funding sources and expenditures accurately, did not adequately identify their funding sources on their advertisements and communications, and tried to conceal the true source of their funding by funneling a large chunk of it through a Washington-based church.”. I have a hard time reconciling these findings with the name of Mr. Mathias group (Alaskans for Honest Elections). From previous articles I have read here, Mr. Mathias has claimed that Alaskans were hoodwinked to vote for ranked choice voting by outside “dark money”. (I.e. outside liberal groups financed the ballot initiative). But he seems to have engaged in a concerted effort to conceal the source of his group’s funding, going so far as to form a church in Washington state and using that church to collect money from who knows and to then funnel that cash to Alaskans for Honest Elections. It does seem that one of the arguments often being made against the results of the passage of the ranked choice voting ballot measure (the use of dark money to fund the 2020 ballot initiative) has been undercut if not eviscerated by Mr. Mathias’ apparently illegal and dishonest conduct. Perhaps he should consider renaming his group “Alaskans for Dishonest Elections.” He might also consider resigning his role in the ballot initiative as he now seems to be damaged goods and may hurt the chance the 2024 initiative will pass.

  7. Fantastic! The good guys win once in awhile. Now if someone can just start pinning some of the past bad work that Scott Kendall back on him, that would be great. Move him to California, they love people like him.

  8. Thanks Kelly!… for telling me I’m too stupid to understand Ranked Choice Voting (RCV) even though I can do my taxes and file for my annual PFD (conservative welfare) check. RCV is SOOOO confusing because math is hard! P.S. You remind me of Barbie!… you should wear more pink!

    • Hey BMike…..
      Let me step in here. You ARE too stupid to understand RCV. It cancels out the Republican Party’s primary ……which would have eliminated Lisa by her own party. And I doubt you can do much more than than the 1040EZ form. You don’t sound like a rocket scientist. As for your PFD……return it to the state. Morons like you shouldn’t be trusted with statutory dividends from oil revenues. Go charge up your EV…….and your brain.

  9. Thank you so much for reporting this happy outcome. If I remember right, the ADN did a lot of reporting on the baseless allegations. But unless I missed it, they haven’t said one word about the vindication. But that’s pretty typical of communist party apologists.

  10. I’m glad it’s over. How dare quality conservatives run for office intending to truly represent Alaska and conservative values.

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