anc. law.ecf@alaska.gov IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE
ALYSE GALVIN, ) ) Plaintiff, ) ) v. ) ) STA TE OF ALASKA, DIVISION OF ) Case No. 3AN-20-07991 CI ELECTIONS, and Gail Fenumiai, Director ) of the Division of Elections, ) ) Defendants. ) ~~~~~~~~~~~~~~-) OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION
The defendants, Gail Fenumiai and the Alaska Division of Elections,
(collectively "the State" or "the Division") urge this Court to immediately lift the temporary restraining order issued today and confirm that the Division may mail general election ballots to uniformed and overseas voters on Friday, September 18, so as to comply with the requirements of federal law. The Division further asks this Court to deny Galvin's request for a preliminary injunction ordering the Division to reprint the general election ballots for two reasons: first, the potential harm to the State (and all
Alaskans) of such an injunction can hardly be overstated because it threatens to derail the entire general election, possibly disenfranchising many thousands of voters. Second,
Galvin has not shown the probability of success on the merits necessary to justify the draconian relief she requests- with its potentially catastrophic consequences for the election. To the contrary, Galvin's legal claims do not even raise "substantial questions" that would justify an injunction ifthe defendants could be adequately protected (which, here, they cannot). Therefore, the State asks the Court to deny Galvin's motion for preliminary injunction and immediately lift the restraining order entered against the
State.1 BACKGROUND
I. Facts.
The plaintiff, Alyse Galvin, is a registered "non-partisan" voter, but ran in the
Democratic primary and became the Democratic nominee for Alaska's seat in the
United States House of Representatives. [Complaint at~ 2] The Division of Elections finalized the design of the general election ballot, specifying how candidate names and party affiliations would be listed, on June 8, 2020. [See Ex. F - Affidavit of Gail
Fenumiai at~ 2] The ballot has two pieces of information about each candidate: (I) their name and (2) either the name of the party that nominated them or the fact that they reached the ballot through a nominating petition. [Ex. A at I] This design is consistent with the Division's longstanding practice of providing only one identifier for candidates on the general election ballot-either the political party that nominated them or the term
"unaffiliated" or "non-affiliated," terms that indicate that no party nominated the candidate; neither of which is a voter registration status. [Ex.Fat, 4; Ex. A at 2-7] The design decision was guided by this historical practice, the statutory goals of "fairness,
Although the TRO technically enjoins only printing of ballots, the State requests confirmation that it may mail already-printed ballots to uniformed and overseas voters on Friday, September 18.
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj . Page 2 of23 simplicity, and clarity in the voting procedure,"2 and the direction of the Alaska
Supreme Court in State v. Alaska Democratic Party that "[o ]n the general election ballot, the State could simply print the nominating party's name next to the candidate's name."3 [Ex.Fat~ 5]
The Division of Elections sent the artwork- the ballot design with candidates' names inserted- for the 4 7 versions of the general election ballot to the printer on
September 5. This was the earliest day that the Division could send the ballot designs to the printer because it must wait five days after final certification of the primary election result, when the deadline to request a recount had passed (meaning that the names of all the primary winners were known and the ballot could be finalized). [Ex. F at~ 2] The
Division posted the sample ballot on its website on September 10. By
September 15, 800,000 ballots, including all 47 different versions, had been printed.
[Ex . Fat~ 2] The first ballots are scheduled to be mailed out to uniformed and overseas voters on September 18, which is necessary to comply with the federal deadline in the
Uniformed and Overseas Citizens Absentee Voting Act, (UOCAVA),
52 U.S.C. § 20302. [Ex. F at~ 9] The Division plans to begin sending absentee ballots out to the more than 70,000 voters who have already requested them beginning in late
September; and early voting begins on October 19. [Ex. F at ~ 9]
2 AS 15.15.030. 3 426 P.3d 901, 913 (Alaska 2018).
Galvin v. Fenumiai, et al. Case No. 3AN-20-0799 l CI Opp. to Mot. for TRO/Prelim. Inj . Page 3 of23 II. Proceedings.
Galvin filed suit on September 15, asserting that the Division's design violates
AS 15.15.030(5) and her constitutional right to association and asking this Court for an injunction ordering the State to reprint the general election ballots to include her personal voter registration status in addition to her nominating party. [Complaint at 14-
15]
Her complaint also makes serious, unfounded factual allegations about the
Division's motives in designing the ballot: she claims that the Division ''omitted"
Galvin's voter registration status in order to "inappropriately affect the outcome of the election," and mislead voters by depriving them of "essential information" about how
Galvin "self-identifies" as a voter. [Complaint at,, 21, 27] She further claims that the
Division purposely sought to avoid a court challenge by making and announcing this purported "eleventh hour decision" only days before the deadline to mail ballots to overseas service personnel and civilian voters. [Complaint at 1119, 21]
This Court held an expedited hearing the following morning and then issued a temporary restraining order this morning, September 17, enjoining the State "from printing ballots that do not include candidates' voter registration affiliation." [Order at
4] But as explained above, general election ballots have already been printed. What the
State urgently needs to know now is whether this Court will enjoin mailing those ballots to UOCA VA voters on Friday as required by federal law and further require the State to reprint 800,000 general election ballots. Notably, the Division was contacted this morning by attorneys from the United States Department of Justice, who had
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 4 of23 independently become aware that this litigation jeopardizes the State's ability to comply with UOCAVA and requested "an update if possible." [Ex. C] Because this Court's order requesting additional briefing and setting another hearing for September 18 does not allow sufficient time for the State to obtain review of an adverse decision before the
UOCAVA deadline, the State has also petitioned for expedited review of the TRO by the Alaska Supreme Court.
ARGUMENT
I. Legal standard for a preliminary injunction.
Preliminary injunctions are extraordinary remedies that should be infrequently granted. The Alaska Supreme Court has called preliminary injunctions "harsh remedies" that are only used to "preserve the status quo" when necessary to prevent "the irreparable loss of rights before judgment." 4
Under Alaska law, a "[p]laintiff may obtain a preliminary injunction by meeting either the balance of hardships or the probable success on the merits standard."5 The balance of hardships standard applies when the plaintiff establishes three factors:
( 1) the plaintiff is faced with irreparable harm; (2) the opposing party is adequately protected; and (3) the plaintiff raises "serious and substantial questions going to the merits of the case."6 A plaintiff can meet this standard "only where the injury which will
4 Martin v. Coastal Vi/ls. Region Fund, 156 P.3d 1121, 1126 n.4 (Alaska 2007) (quoting United States v. Guess, 390 F.Supp.2d 979, 984 (S.D. Cal. 2005)). 5 Alsworth v. Seybert, 323 P.3d 47, 54 (Alaska 2014). 6 Id. at 54.
Galvin v. Fenumiai, et al. Case No. 3AN-20-0799 l CI Opp. to Mot. for TRO/Prelim. Inj. Page 5 of23 result from ... the preliminary injunction can be indemnified by a bond or where it is relatively slight in comparison to the injury which the person seeking the injunction will suffer if the injunction is not granted."7 When the opposing party's interests cannot be adequately protected in the face of an injunction, the plaintiff must satisfy a much higher burden to obtain one by making a "clear showing of probable success on the merits."8 In assessing the relative hardships to each party, the Court is required to
"[a]ssume the plaintiff will ultimately prevail when assessing the irreparable harm to the plaintiff absent the injunction," and also, conversely, "[a]ssume the defendant ultimately will prevail when assessing the harm to the defendant from the injunction."9
II. The harm to the State----and all Alaskans-of the requested injunction is so serious-and Galvin's harm so slight-that this Court should deny the motion under any standard.
The Division of Elections is responsible for the smooth and efficient conduct of the general election. Galvin vastly understates the harm to the Division-and all
Alaskans-of the injunction she requests, given that it has already printed 800,000 ballots and must begin mailing them on Friday, September 18, in order to comply with federal law. But more important than this immediate deadline is the fact that it simply
7 State v. Kluti Kaah Native Vil/. Of Cooper Center, 831P.2d1270, 1273 (Alaska 1992) (quoting State v. United Cook Inlet Drift Ass 'n, 815 P .2d 378, 3 78-79 (Alaska 1991)). 8 See, Misyura v. Misyura, 244 P.3d 519, 521-22 (Alaska 2010) ("If, however, the plaintiffs threatened harm is less than irreparable or ifthe opposing party cannot be adequately protected, then we demand of the plaintiff the heightened standard of a clear showing of probable success on the merits.") (quoting State, Div. ofElections v. Metcalfe, 110 P.3d 976, 978 (Alaska 2005)). 9 Id.
Galvin v. Fenumiai, et al. Case No. 3AN-20-0799 l CI Opp. to Mot. for TRO/Prelim. Inj. Page 6 of23 may not be possible for the Division to reprint the ballots for the general election and reprogram voting machines to reach them in time to send absentee ballots out and initiate early voting on October 19. 10 Because of this, even ifthis Court finds that either
AS 15.15.030(5) or the Alaska Constitution requires the Division to include a candidate's personal voter registration information on the ballot-which it should not- the Court should grant only prospective relief, because the requested injunction could derail the entire 2020 general election.
First, the Division cannot print new ballots and prepare them for mailing in time to meet the UOCAVA deadline, 11 which requires certain ballots to be mailed 45 days in advance of the general election, i.e. by Saturday, September 19, 2020. So if the Court upholds the superior court's TRO, the State will be unable to avoid violating federal law. The Department of Justice has already contacted the Division regarding this danger. More importantly, the UOCAVA deadline exists to ensure that overseas voters receive and return ballots in time for them to be counted. Delay in sending those ballots could disenfranchise those voters.
Second, the Division has already printed 800,000 ballots, programmed and tested the scanners on the voting machines, and sent those machines to the regional offices.
[Ex.Fat,, 2-3, 7] Changing the ballot would require this entire process to begin again.
10 See AS 15.20.061(a)(l) (providing that "a qualified voter may apply in person for an absentee ballot ... on or after the 15th day before an election up to and including the date of the election). 11 52 U.S.C. § 20302. See also Ex.Fat,, 10-11, 16.
Galvin v. Fenumiai, et al. Case No. JAN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 7 of23 Redesigning and proofing new ballots would take several days because there are 4 7 different ballots that are required for the general election. [Ex. F at ~~ 2, 12] And although the existing ballots were printed in ten days, the printer had notice of the job and was thus able to obtain in advance the special ballot paper and additional staff necessary to accomplish this. The printer has approximately half the paper necessary to reprint all the ballots and believes it could obtain more from Seattle, but the paper would take a week to arrive. [Ex.Fat~ 16) And the printer is not certain that it could rehire the necessary staff to reprint ballots as quickly as it did earlier. The Division plans to begin mailing absentee ballots before the end of September, and ballots and election supplies are distributed about three weeks before election day so that early voting and absentee in-person voting can begin 15 days in advance of the election. 12
Given these deadlines, the Division may not be able to reprint the ballots in time to ensure that they get to absentee voters and to polling places in time for the election. And that is not the only problem.
Third, in addition to reprinting the ballots, the voting machines will have to be reprogrammed and retested. Reprogramming can occur only in Juneau, where the necessary staff and the main server are located, so the machines would first have to be returned to Juneau from the regional offices where they are now located, and would have to be reprogrammed and then sent back out to the regional offices. Two rounds of testing have been conducted, each one taking four or five days. [Ex.Fat 'J 14) The
12 See AS 15.20.061 and AS 15.20.064.
Galvin v. Fenumiai, et al. Case No. JAN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 8 of23 machines then need to be sent out to polling places across the State, some of which are
extremely remote. There is no way to predict whether the Division could repeat the
' programming and testing process and get the machines out to polling places before
November 3.
The Division is already faced with the difficult task of running an election in the
midst of a pandemic, with a vastly increased number of absentee ballots requested~and
is running the REAA election in early October in a number of places also. Ordering the
Division at this point to reprint ballots and reprogram and test voting machines threatens
to tum this election into a debacle.
By contrast, Galvin's harm is slight. Although she may prefer that her personal
voter registration status is included on the general election ballot, the ballot is far from
the only means by which candidates communicate their party preferences and policy positions to voters. The Official Election Pamphlet sent to every voter household in
Alaska, 13 contains candidate's campaign statements and a list of candidates and the
party designation that they included with their candidacy filing (i.e., nonpartisan,
undeclared, Republican, Democrat, etc.) [Ex. B] The absence of her personal voter
registration status on the ballot does not prevent Galvin from communicating that status to voters in the myriad different ways that candidates campaign for election.
However important this Court finds Galvin's interest in communicating to voters her non-partisan status alongside her identity as the Democratic Party's nominee, it
13 See AS 15.58.010.
Galvin v. Fenumiai, et al. Case No. 3AN-20-0799 l CI Opp. to Mot. for TRO/Prelim. Inj. Page 9 of23 cannot outweigh the State's and all Alaskans' interest in avoiding the wholesale disenfranchisement of voters that could occur if ballots do not reach voters in time and/or if voting machines fail on election day.
And, if the Court seeks an alternative, less damaging remedy, it could instead order the Division to send out supplemental information to every registered voter providing the names of all the candidates and their registered party affiliation or other voter registration status. [Ex. F at, 19] The Division could also put up additional signage at polling places. [Ex. F at, 19] Such remedies would avoid the potential for an election disaster.
III. Galvin cannot establish a probability of success on the merits because her legal claims lack merit.
This Court should deny Galvin's request for a preliminary injunction not just because of the unprecedented impact it could have on this year's general election, but also because she has failed to demonstrate the requisite probability of success on the merits to justify an injunction. Indeed, she cannot even establish the lower threshold of
"substantial questions" because her claims lack any merit.
A. The ballot design is consistent with the Division's reasonable and longstanding interpretation of the ballot design statute.
Galvin's first claim is that the ballot design violates AS 15.15.030(5), which instructs that "[t]he names of the candidates and their party designations shall be placed in separate sections on the state general election ballot under the office designation to which they were nominated. The party affiliation, if any, shall be designated after the name of the candidate." The Division interprets "party affiliation" in this statute to mean
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 10 of23 the way in which a candidate reached the general election ballot; thus the ballot properly describes Galvin as the Democratic nominee. Galvin argues that because the statute uses two different terms- "party designation" and "party affiliation"- it ''clearly
contemplates two party indicators when applicable/' thus requiring the Division to list
both her voter registration ("Non-Partisan") and the way she reached the ballot. [Mot.
for TRO at 3] But this cannot be right.
This is because historically, a candidate could not have a party affiliation that
differed from her personal voter registration status. Until the Alaska Supreme Court's
decision in State v. Alaska Democratic Party, no candidate could have had two different
party indicators, 14 so the Legislature cannot have contemplated mandating two distinct
identifiers when it drafted this statute. The statute's second sentence can therefore only
be understood as a positional directive: the party information should be placed "after the
name of the candidate" rather than before it. This interpretation is confirmed when one
considers the legislative history of the ballot preparation statute. The original version of
the statute, enacted in 1960, mandated a party column format:
The general election ballot shall be printed on white paper with the names of candidates placed in separate columns for each political party as indicated by column headings. Candidates shall be grouped according to offices, with each office except the secretary of state, having a separate section ... .The left column shall be that of the political party receiving the largest vote at the preceding
14 Although AS 15.25.030(16)--the party affiliation statute invalidated in Alaska Democratic Party-was not enacted until 1980, see§ 126 ch. 100 SLA 1980, before then, the statute required a declaration of party candidacy to "state in substance ... "(12) that the candidate if nominated and elected will support the principles of the party he seeks to represent ...."§ 5.04 ch. 83 SLA 1960.
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj . Page 11 of23 general election. Provision shall be made for voting for write-in and no-party candidates. 15
Thus, the original ballot format indicated a candidate's party association by placing the candidate's name in the party's column. The legislature scrapped this party column format when it adopted the current language in 1962, 16 so it included the second sentence to explain where the candidate's party information should go on the ballot now that the ballot would no longer have separate columns for the parties. But the legislature did not contemplate that a candidate could have two different party designations or affiliations, because the statutes did not permit this at the time.
Even if Galvin's reading of the statute could be correct such that "party affiliation" could mean something different from "party designation," Galvin's only party affiliation-as the Democratic Nominee- is included in the ballot. Her personal voter registration-''Non-Partisan"-is not a ''party affiliation."
The statute's plain language indicates that ''party affiliation" means affiliation with apolitical party. This is clear because AS 15.15.030(5) expressly contemplates that a candidate might not have a party affiliation. The key language here is the "party affiliation, if any, shall be designated after the name of the candidate." But if ''party affiliation" in this sentence means the candidate's voter registration status-even if the candidate is registered as nonpartisan or undeclared- then a candidate would always
15 § 3.03 ch. 83 SLA 1960. [Ex. D] 16 See § 6 ch. 125 SLA 1962. [Ex. E]
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 12 of23 have a party affiliation. So the statutory language only makes sense if ~'party affiliation" denotes the candidate's nominating party, "if any."
This interpretation is further confirmed because AS 15.15.030(5) also directs that
"[p]rovision shall be made for voting for write-in and no-party candidates within each section."17 In other words, it treats "no-party" candidates, like those registered as
"nonpartisan," separately and does not require any particular information about them to be included on the ballot. Galvin is registered as "non-partisan," and the only "party affiliation" she has is with the Democratic Party as its nominee. Otherwise, she would be a "no-party candidate," to whom the direction of the first two sentences of AS
15.15.030(5) would not apply at all.
In Alaska Democratic Party, the Court invalidated the requirement that a candidate be registered to vote as a member of a party before seeking that party's nomination- thus creating the possibility that a candidate might be both the Democratic nominee and registered "Non-Partisan"-but the decision did not change the meaning of other statutes. Nor did it create a new statutory mandate on the Division where none previously existed. Alaska Statute 15.15.030(5) can thus only be read to require that a candidate's party affiliation be placed "after the name of the candidate," not before.
Contrary to Galvin's claims, the Division has long interpreted ''party affiliation" in AS 15.15.030(5) to mean the way in which a candidate reached the general election ballot, not the candidate's personal voter registration. [See Ex. F, at~ 4] So, for
17 AS 15.15.030(5) (emphasis added).
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 13 of23 example, on the 2016 ballot, in the race for United States Senator, the three candidates who won party primaries- Ray Metcalfe, Joe Miller, and Lisa Murkowski- had their parties' names- Democrat, Libertarian, and Republican- printed next to their names.
The three petition candidates- Margaret Stock, Breck Craig, and Ted Gianoutsos- each had the term "Non Affiliated" printed next to their names, indicating that they had reached the ballot through a nominating petition rather than by affiliating with a party.
[See Ex. F, Ex. A at~ 4] Significantly, "Non Affiliated" is not an option for voters to select on their voter registration form 18- it is a term that the Division uses solely to mean that the candidate did not reach the ballot via a party primary. The Division did not also include the candidate's personal voter registration on the ballot, despite the additional information that it might have provided to voters. Thus, the 2020 ballot design is consistent with AS 15.15.030(5) and the Division's historical interpretation and application of that statute.
In her complaint, Galvin emphasizes the fact that the 2018 general election ballot included both the candidates' personal voter registration and a separate indicator of their route to the ballot. She suggests that the 2020 general election ballot was a sudden departure from a consistent practice or interpretation of AS 15.15.030(5). But a single example- the 2018 general election ballot-does not constitute a consistent practice.
And Galvin disregards the reality that the 2018 general election ballot was designed in the midst of the Alaska Democratic Party litigation. Although the Supreme Court issued
18 See AS 15.07.075.
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 14 of23 an ordering affirming the superior court and invalidating the party membership statute on April 4, 2018, that order did not address ballot design, even though the State had raised concerns about the issue. The Division thus had to design the ballot without the benefit of the Court's opinion, which did not issue until August 24, 2018,just a few weeks before the general election ballot had to be sent to the printer. [See Ex.Fat ,,3,
5; Exh. A]
Galvin notes that the State argued in Alaska Democratic Party that its current ballot design would be confusing, but the State's argument in that case was that any possible ballot design- including the 2018 general election ballot design-would be confusing if a party's nominee was not registered with the party. 19 The Court, however, rejected the State's voter confusion concerns.20 And the Court said that the very ballot design employed here would be valid.21 At any rate, the 2018 general election ballot was a departure from Division practice, born of a unique set of circumstances, and does not represent the Division's interpretation of what AS 15.15.030(5) requires.
Galvin's further observation that the primary election ballots in 2018 and 2020 listed the candidates' voter registration status and identified the primary in which a candidate was competing is irrelevant for two reasons. First, AS 15.15.030(5) applies only to the general election ballot by its plain terms. Second, in the context of the
19 See 426 P.3d at 913. 20 Id. 21 Id. ("On the general election ballot, the State could simply print the nominating party's name next to the candidate's name.").
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 15 of23 primary, both pieces of information are needed to comply with the directive of
AS 15.15.030 to "prepare all official ballots to facilitate fairness, simplicity, and clarity in the voting procedure," given the requirements that (I) parties be allowed to share a combined primary ballot (as mandated by Green Party ofAlaska) 22 and that (2) parties be allowed to permit candidates who are not registered party members to run in their primaries (as mandated by Alaska Democratic Party). Without the party primary label, voters may not know which party's primary they are voting in because multiple parties are sharing a primary ballot. And without the candidate's voter registration, voters are likely to be misled into thinking that candidates running in a party's primary are party members. These considerations do not exist for the general election ballot. Identifying
Galvin as the Democratic nominee is not misleading because she is the Democratic nominee-notably, the ballot does not identify her as a "Democrat." The general election ballot also involves a countervailing concern: identifying the personal voter registrations of candidates on the general election ballot might imply a party endorsement in situations where none exists, which is not an issue in a primary.
The Division's interpretation of AS 15.15.030(5) is thus reasonable and consistent with the legislative history and past practice. Thus, Galvin is unlikely to succeed on the merits of her statutory claim.
22 State, Div. ofElections v. Green Party ofAlaska, 118 P .3d 1054 (Alaska 2005).
Galvin v. Fenumiai, et al. Case No. 3AN-20-0799 l CI Opp. to Mot. for TRO/Prelim. Inj. Page 16 of23 B. The ballot design is constitutional because candidates have no associational right to have particular information printed on the ballot.
Galvin's second claim is that the ballot design violates her constitutional freedom of association. But although Galvin and the voters whose support she seeks certainly have the right to freely associate with each other, the Division's ballot design does not burden that associational right at all, let alone injure it to an unconstitutional degree.
The Court has recognized that "states must be granted some leeway" in running elections and has adopted the U.S. Supreme Court's "flexible standard" for examining election laws, which "involves a careful balancing" of interests. 23 Under this Court's formulation of the test, it must ( 1) "determine whether the claimant has in fact asserted a constitutionally protected right," (2) "assess 'the character and magnitude of the asserted injury to the rights,"' (3) "weigh 'the precise interests put forward by the State as justifications for the burden imposed by its rule,"' and (4) ''judge the fit between the challenged legislation and the state's interests in order to determine 'the extent to which those interests make it necessary to burden the plaintiffs rights. "'24
Galvin's constitutional claim fails on the first and second prongs of this test: she has not identified any "constitutionally protected right" that is injured or burdened.
Galvin's motion for a TRO asserted that the Division's ballot design "impinge[s] upon
Galvin's constitutionally-protected right to associate politically as a voter as well as
23 Green Party ofAlaska, 118 P.3d at 1059-60. 24 Id. at 1061.
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 17 of23 through her party nomination," and "burden[s] the associational rights of the non-
partisan and independent Alaska voters who support Galvin, or who prefer to support other non-partisan or unaffiliated candidates." [Mot. at 5] But her motion offered no explanation whatsoever of this burden. [Id.] In fact, there is none: Galvin's name is on the general election ballot, she remains free to seek (and receive) the votes of any voters
she wants, and she may campaign for those votes in any way she wishes. She does not
identify anyone with whom she has been prevented from associating.
This case is thus unlike the many state and federal associational rights cases in
which candidates were denied ballot access25 or parties were denied the freedom to associate with candidates26 or voters.27 In Alaska Democratic Party, for example, candidates were prevented from running in a party's primary, and thus prevented from associating with the party's voters (and the party was likewise prevented from associating with those candidates).28 Here, by contrast, Galvin and voters are not
25 See, e.g., Vogler v. Miller, 651P.2d1, 6 (Alaska 1982) (striking down a statute denying ballot access to a candidate, observing that ballot access restrictions impinge on the associational rights of candidates and voters). 26 See, e.g., Eu v. San Francisco Cty. Democratic Cent. Comm., 489 U.S. 214, 229, (1989) (striking down a statute banning political parties from associating with candidates by endorsing them in a primary election). 27 See, e.g., Tashjian v. Republican Party of Connecticut, 479 U.S. 208, 229 (1986) (striking down a closed primary statute that prevented parties from associating with undeclared voters by letting them vote in their primaries); Green Party, 118 P.3d at I 070 (striking down prohibition on combined party primary ballots that prevented parties from associating with voters of other parties by preventing voters from voting in different political parties' primaries for different political offices). 28 See 426 P.3d at 906 ("The Democratic Party ... amended its bylaws to allow independent voters to participate as candidates in its primary elections. The Democratic Galvin v. Fenumiai, et al. Case No. JAN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 18 of23 prevented from associating with each other, nor has Galvin been prevented from associating with the Democratic Party. There is no cognizable burden on Galvin's freedom of association.
Galvin's complaint claims that her "personal voter registration affiliation as Non-
Partisan, and formerly as Undeclared, has been an important part of her identity, her campaign platform, and her relationship with her supporters." [Complaint at ,29] But that does not mean that she has a constitutional right to have this information printed on the ballot. There are doubtless many facts about Galvin that are important to her identity, her campaign platform, and her relationship with supporters: for example, her professional experience and her positions on major policy issues. These are matters that
Galvin may communicate to voters through her campaign. But the ballot is not a forum for Galvin's campaign expression, so the Division does not infringe on her rights simply by failing to include information that she considers important to her campaign. 29
Galvin's complaint further claims that "[o]mitting Galvin's personal voter registration affiliation from the ballot will mislead voters by wrongly suggesting that
Galvin's personal voter registration affiliation is Democratic." [Complaint at ,30] But the ballot provides only the entirely accurate piece of information that Galvin is the
Party petitioned the Division of Elections to allow these candidacies, but the Division denied the request because it conflicted with the party affiliation rule."). 29 Cf Rubin v. City o/Santa Monica, 308 F.3d 1008, 1016 (9th Cir. 2002) ("While there is no denying the importance of a ballot, the Supreme Court has recognized that '[b]allots serve primarily to elect candidates, not as forums for political expression.' ... A ballot is a ballot, not a bumper sticker.") (quoting Timmons v. Twin Cities Area New Party, 520 U.S. 351, 363 (1997)).
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. lnj. Page 19 of23 Democratic Party's nominee-· i.e., the reason Galvin's name is on the general election ballot is because she ran for, and won, the Democratic Party's nomination. This is the same simple and accurate piece of information that the Division has historically included for all candidates on the general election ballot.30
The Alaska Supreme Court rejected essentially the same voter confusion concern that Galvin now raises when the Division raised it in Alaska Democratic Party.31 In that case, the Division argued that allowing a candidate who is not registered with a party to run in that party's primary would result in a confusing general election ballot no matter how the ballot was designed- whether the ballot listed the candidate's nominating party, her voter registration, or both. 32 But the Court disagreed that voter confusion would be a problem, and in doing so it explicitly authorized the ballot design that the
Division chose here:
On the primary election ballot, the State could simply print next to each candidate's name the political party whose primary election the candidate is running in. On the general election ballot, the State could simply print the nominating party's name next to the candidate's name. 33
In explaining its lack of concern about voter confusion, the Court observed that there are many means by which voters can learn about the views of a candidate who is a party nominee but not a registered party member, including the election pamphlet:
30 See supra discussion of Galvin's statutory claim. 31 See 426 P.3d at 913. 32 Id. 33 Id. at 913.
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 20 of23 The candidate's party affiliation as distinct from nominating party could be explained in the candidate's statement in the general election pamphlet. The political party could also promote or distance its platform, tenets, and philosophy from a candidate's through a paid advertisement in the pamphlet. And the State could choose to educate the public about new ballots through advertising or explanatory materials, such as the general election pamphlet.34
The outcome of the Court's decision in Alaska Democratic Party is that candidates who are not registered to vote as Democrats are nonetheless free to associate with the Democratic Party by seeking (and winning) its nomination.35 But this does not mean that the Division is constitutionally required to try to explain to voters, via the ballot, why a candidate and a party have chosen to associate in this way, and the extent of their association. To the extent that voters might not understand the limits of Galvin's association with the Democratic Party via its nomination, this is a matter for Galvin and the Democratic Party to explain to voters through their campaign materials.
Because the Division's ballot design does not burden either Galvin's or voters' associational rights in any way, the Division need not offer any justification to weigh against a burden. But to the extent the Court perceives a modest burden, it is justified by · the State's interests. In the election context, the State's important regulatory interests are generally sufficient to justify reasonable, nondiscriminatory restrictions.36
34 Id. 35 /d. at915. 36 See Alaska Democratic Party, 426 P .3d at 909 ("modest or minimal burdens require only that the law is reasonable, non-discriminatory, and advances 'important regulatory interests."').
Galvin v. Fenumiai, et al. Case No. 3AN-20-0799 l CI Opp. to Mot. for TRO/Prelim. Inj . Page 21 of23 Here, the Division's ballot design is neutral, generally applicable, and reasonable. For all candidates, the general election ballot identifies the manner in which the candidate reached the ballot; the ballot does not identify any candidate's personal voter registration. This design is consistent with historical practice, with the exception of the 2018 general election ballot that was prepared in the midst of ongoing litigation.37
And this design makes sense: a candidate's personal voter registration can change at any time, while the way in which the candidate qualified for the general election cannot change and explains to voters the presence of the candidate on the ballot. The design is supported by the Division's reasonable desire to create a simple and manageable general election ballot that fits on the page and includes no more information than necessary.38
The ballot design is further supported by the Division's reasonable desire to consider the associational rights of political parties. A ballot design that identifies the personal voter registration of candidates on the general election ballot in the manner
Galvin suggests might imply a party endorsement in situations where none exists- for example, if a registered Democrat reached the general election ballot via nominating petition rather than via the primary and then was listed on the ballot as a Democrat.
Finally, in the current context, maintaining the ballot design rather than changing it at this late date is supported by the Division's compelling interest in ensuring that the
November 2020 general election can actually happen according to schedule.
37 See supra discussion of Galvin's statutory claim.
38 Ex. F at~~ 4-6, 18.
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 22 of23 Galvin has thus failed to show that the Division's ballot design burdens her associational rights at all, much less to an impermissible degree.
II. Conclusion.
This Court should deny Galvin's motion for a preliminary injunction both because she has failed to establish a probability of success on the merits and because the impact of the requested injunction on the ability of the Division to conduct the election could be catastrophic.
DATED September 17, 2020.
CLYDE "ED" SNIFFEN, JR. ACTING ATTORNEY GENERAL M-A. \~V--- By: Margaret Paton-Walsh Alaska Bar No. 0411074 Laura Fox Alaska Bar No. 0905015 Assistant Attorneys General
Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 23 of23 l'.'J THE SUPREME COURT FOR THE STATE OF ALASKA
STATE OF ALASKA, DfVISlON OF ) ELECTIONS. and Gail Fenumiai, Director ) of the Division of Elections, ) ) Petitioners, ) ) v. ) ) ALYSE S. GALVIN, ) ) Respondent. ) Supreme Court No. S- ____
------~)Trial Court Case No. JAN-20-07991 Cl
AFFIDAVIT OF GAIL FENUMIAI IN SUPPORT OF PETITION FOR REVIEW
ST A TE OF ALASKA ) ) SS. FIRST JUDICIAL DISTRICT )
1. I am the director of the Division of Elections for the State of Alaska, and r have personal knowledge of the matters in this declaration. r was first appointed as director in January 2008 and had worked in the Division for approximately JO years before my appointment. I ended my first tenure as director in July 2015 and then was reappointed by Lieutenant Governor Kevin Meyer in January 20 I 9.
2. The following is a general timeline of events for the 2020 election cycle leading up to the printing of 800,000 general election ballots and preparing for the general election:
• June 8, 2020 Division finalized the decision on how names and
party affiliation would be listed on the general election ballot.
Exhibit F Page 1of9 June 12, 2020 - Division finali zed th~ decision on how names and
party affiliation would be listed on the primary election ballot.
Betwc:en July I and S~ptembe r 7 - Programming of the election
project took place. The electi?n project is needed to use the voting
equipment, which involves creating the compact flash cards and
USBs (media). for the general election ballots.
• August 31 Final certification of the primary election. The Division
must wait five days past certification of the primary to send the
artwork for general election ballots to the printer, when the time has
passed for requests for a recount.
September 5 - General election ballot artwork sent to the printer. The
printer sends back proofs and testing ballots as he prints. He prints
test decks for the Division to use for the logic and accuracy test first,
and then official and sample ballots. For the general election, Alaska
has 47 different ballots. This is due to having a federal-only ballot
(for overseas voters who qualify under AS 15.05.011), as well as
districts that fall within multiple judicial districts. So when the
printer sends proofs, he is sending proofs for 47 different ballots.
• Starting September 10 and continuing through September - Voting
equipment is tested for accuracy for the general election ballot. This
is first done at the Director's office in Juneau, Alaska, and then the
voting equipment is tested a second time (to ensure proper scanning
State \'. A~vse S. Galvin Supreme Court No. S- Affidavit of Gail Fenumiai Page 2of9
Exhibit F Page 2of9 and identification of the house district ballots) at the regional offices,
before being sent out to polling places.
September 10 - Thc Divi:-;ion posted the sample ballot on its website.
• By September 15 800,000 ballots, including 47 different versions,
had been printed.
• By September 18 - To comply with federal law on absentee ballots
for uniformed and overseas voters, ballots have to be sent to these
voters 45 days in advance of the general election. Division also has to
send ballots to a subset of voters under Alaska law that are known as
"State Advance" voters. The total combined for both of these for the
2020 general election is 11,631.
By September 18 - Division plans to send the Official Election
Pamphlet to the printer for printing so it can be distributed to all
households with a registered voter not less than 22 days before the
general election as required by AS 15.58.080.
Week of September 28 - Begin sending absentee ballots to voters
who have requested them.
• October 19 Early voting staits.
November 3 - Date of the general election.
3. Contrary to Galvin's unfounded assertions in the Complaint, the general election ballot was designed back in June 2020 at the same time the primary election ballot was designed. This is in line with hi~rical practice by the Division.
State v. Alyse S. Galvin Supreme C'ow1 No. S- _ ___ Affidavit of Gail Fenumiai Page 3 of9
Exhibit F Page 3of9 The Division then posted the 47 sample ballots once the ballots were finaliLed with the names and nominating party of the candidates. Before early September, the
Didsion did not have final r~sulb from the primary dei.:tion.
4. During my tenure as Director, candidates only have had one identifier on the general election ballot either the political party that nominated them or
·'unaffiliated" or "nonaffiliated ... The terms "unaffiliated" and •·nonaffiliated" show that the candidate is not appearing on the ballot as the nominee of a political party and these terms are unrelated to how the candidate is registered. They may be registered as a member of a recognized political pai1y, a political group, or as undeclared or nonpartisan. The relevant infonnation for purposes of AS l 5.15.030 is the candidate's affiliation for purposes of the election, not the voter registration, which can be changed at any time. Examples of general election ballots going back to 2008 are attached as Exhibit A.
5. The Division based its decision relating to design of the general election ballot on the language from the 2018 Alaska Supreme Court decision, State v. Alaska Democratic Party; historical practice; and the statutory goals of "fairness, simplicity, and clarity in the voting procedure." AS 15.15.030. The Alaska Supreme
Court in State v. Alaska Democratic Party indicated that "On the general election ballot, the State could simply print the nominating party's name next to the candidate's name." .,. 6. For purposes of the 2020 election and in light of the Alaska Supreme
Court's decision and historical practice, the Division determined that the most
State ' " Alyse S. Galvin Supreme Court No. S- Atlidavi t of Gail Fenumiai Page 4 of9
Exhibit F Page 4 of9 I.... pertinent information was how each candidate got to the ballot- in other words. how the candidate was nominated. Listing '·Democratic Nominee" or ''Republican
Nominee" tells \ oters that the candidak won that party's primary d~ction to appear on the general election ballot. We did the same for nominating petition candidates, by indicating that they got on the ballot by nominating petition.
7. AHlt&igh the official general election ballots will only list the party that nominated the candidate, the Official Election Pamphlet that goes to all registered voter households will include a list of the applicable candidates for that region and the designation they included with their candidacy filing (i.e .• nonpartisan, undeclared, Republican, Democrat, etc.). I have attached an example of a candidate list as Exhibit B. The Official Election Pamphlet also includes the candidate's statements, if timely submitted. which can include any infonnation the candidate chooses to explain who they are and why they are running for office. For example, Alyse Galvin's candidate statement states: "I served Alaska under
Republican and Independent governors and led a non-partisan grassroots movement to restore education funding and improve our schools. rm running for Congress as an Independent to work for all Alaskans and build a strong economy that supports small business, keeps our kids here, and puts Alaskans first in line for good paying jobs."
8. In my tenure as Director, the Division has never shared sample ballots in advance with any of the parties or candidates. I understand this may have occurred in 2018 because of the pending Supreme Court opinion, but the statutes do
State v. Alyse S. Galvin Supreme Court No. S- ____ Affidavit of Gail Fenumiai Page 5of9
Exhibit F Page 5 of9 not contemplate involvement from political parties or candidates. This is appropriate
because the Division has to remain neutral and base its decisions on presenting the most objccti\'e information possible to voters. Thal i~ \\·lmt drove the Division's decisions on the design of both the general election ballot and the primary election
ballot.
9. Absentee ballots must be sent by September 19 under federal law for unifonned and overseas voters to comply with the Uniformed and Overseas Citizens
Absentee Voting Act (UOCAVA}. 52 U.S.C. § 20302. The Division has approximately 8,000 UOCA VA ballots for the 2020 general election. Also, the
Division has already processed over 70,000 absentee ballot applications for the general election and plans to begin sending those ballots to voters the last week in
September. And early voting starts October 19. Ballot materials are sent out to many of Alaska's remote polling places two to three weeks in advance.
10. The UOCA VA ballots and State Advance ballots are processed through the USPS bulk mail facility in Anchorage. Bulk mail is not available on
Saturdays, so in order to meet the September 19, 2020 UOCA VA deadline, those ballots must be mailed on Friday, September 18. It would not be possible for the
Division to use a different mailing method as this would involve an extraordinary amount of worker hours printing postage on tapes and adhering the postage to the ballot envelope. Also, it is unknown at this time if the office has adequate postage on the office meter to meet this need.
11. In my opinion and based on years of experience running elections,
State 1·. Alyse S. Gali-in Supreme Cou11 No. S- Affidavit of Gail Fenumiai Page 6 of9
Exhibit F Page 6 of9 there is not sufficient time to reprint the over 800.000 ballots that have already been printed and re-test the voting equipment.
12. In order lo make changes to the ballot, we will lmH: to ·'roll back" the election project (which is the programming for the voting equipment) to a point where these changes can be made in the system. Once all the changes to the ballots for each district are complete, we have to sta1t the process of moving the project forward again and get it to where we are at today. Then we would send the new ballot images to the printer for printing, and the printer would create proofs of the ballots for us to approve before printing. We also would send the printer files for test ballots and the 47 sample ballots so that the printer can reprint those as well.
13. If we do not re-test and the voting equipment will not accept the new ballots, this would be a huge issue both on election day and on the post-election day counting of absentee and questioned ballots. The ballots that cannot be processed by the scanner would have to be hand counted.
14. The initial logic and accuracy tests that were performed in the
Director's office for the general election took fo ur days; the media then got sent out to the regional offices, which took various lengths of time depending on the distance to the regional office, and the second round of testing in the regional offices usually takes approximately five days. As mentioned above, the equipment needs to be sent out to many polling places two to three weeks in advance, so the regional offices
(which send the equipment to the polling places) need the media required for testing as soon as possible. Additionally, these tests must be performed in the presence of
State ' " A(vse S. Galvin Supreme Court No. S- ____ Affidavit of Gail Fenumiai Page 7 of9
Exhibit F Page 7 of9 election board members, so the Di vision would need to coordinate with all the election boards to schedule additional testing times.
l 5. Regardless of whether the logic and aci.:ur.icy tests art! performed. we v.ill still need to reprogram the ballots that appear on the touch screen units since the change will affect how the candidate's name is presented on screen. First, we would have to retrieve all the media from the regional offices, where they are currently located fo r testing. The re-programming has to occur at the Director' s office in Juneau because that is where the main server is and the only staff member trained to do this work. Retrieving the media would take a minimum of two to three days. Once the media have been returned to Juneau, re-programming the media will take a minimum of eight hours of work.
16. I spoke with the printer that is conducting the printing for us, and the printer has approximately 390,000 sheets of the required special ballot paper. The printer believes it could acquire more paper from a company in Seattle, but it would take one week to get the paper to the printer's location. The printer also hired extra staff in order to complete the printing that has already occurred, and the printer is uncertain whether it could hire additional staff with such short notice in order to complete the printing in ten days, as it did for the earlier print job. The printer not only prints the ballots but also folds ballots used for absentee voting. Therefore, it appears the printer could get a sufficient number of ballots printed for the
UOCAVA ballots within a week, hut this does not account for the 800,000 ballots that would also need to be replaced.
State \'. Alyse S. Galvin Supreme Court No. S- --- Affidavit of Gail Fenumiai Page 8 of9
Exhibit F Page 8 of9 17. We are cmTently a little over six weeks away from the general election, and considering that early voting starts October 19, we are really only four and a half weeks away from when in-person voling starts. 111 light of all the infonnation above about the logistics of reprinting over 800,000 ballots and getting the equipment re-tested, I do not sec how it would be possible to properly carry out the election if we are required to reprint the ballots.
18. I believe the Division has fully comported with the Jaw and the Alaska
Supreme Court precedent in the way the ballot was designed. I would never have finalized the design if I thought it was legally flawed. My entire goal is to have a smooth and successful election, where voters are able to safely vote in the way they are most comfortable.
19. If the court determines otherwise, I would prefer that the remedy not involve putting the entire election in jeopardy by reprinting 800,000 ballots. The
Division could, for example, send out supplemental information to each registered voter providing the names of all the candidates and their registered party affiliation.
The Division could also put up additional signage at polling places.
~4 ...... t;r&~ Gail Fenumiai
STATE OF ALASKA .-"' ".'_'_>.. OFFICIAL SEAL 'f.!r."';.:c·- :.:,:.: Stacy L. Stuart ...• • 1 .,.7.·· NOTARY PUBLIC :r... . My Commission Expirn With Office
State r. Alyse S. Gall-in Supreme Court No. S- ____ Affidavit of Gail Fenumiai Page 9 of9
Exhibit F Page 9of9 SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the issue/candidate of your choice, flll In the oval next to the Issue/candidate you want to vote for. Place your ballot inside the secrecy sleeve and then take your ballot to the ballot box. If you make a mistake while voting, return the ballot to the election official for a new one. A vote which has been erased or changed wlll not be counted.
------HD1..JD4 - - State of Alaska Official Ballot - - General Election - November 6, 2018 Candidate's registered affiliation: (D) Democrat (L) Libertarian - (R) Republican (N) Non-partisan (U) Undeclared - -Instructions: To vote. completely fil in the oval next to your choice, like this: • - - - United States State Senator - Representative District A - - (vote for one) (vote for one) - - Q Galvin, Alyse S. (U) Alaska Democratic Q Kawasaki, Scott (0) Alaska Democratic - - Party Nominee Party Nominee - - O Young, Don (R) Alaska Republican Q Kelly, Pete (R) Alaska Republican - - Party Nominee Party Nominee - - 0 0 - - Write-in Write-in - - Governor I Lieutenant Governor State Representative - (vote for one) District 1 - - 0 Begich, Mark (D) Alaska Democratic (vote for one) - Cal, Debra L. (0) Party Nominee - Q LeBon, Barton S. "Bart" (R) Alaska Republican - Party Nominee - Q Dunleavy, Mike J. (R) Alaska Republican - Meyer, Kevin G. (R) Party Nominee - Q Dodge, Kathryn E. (0) Alaska Democratic - Party Nominee - 0 Teien, William S. "BMly" (L) Alaska Libertarian - C~ft . Carolyn C. "Care• (L) Party Nominee - 0 - - Q Walker, Bin (U) Petition Nominee Write-in - - Mallett, Byron I. (D) - - 0 - Write-in ------Continue Voting on Next Side - - - FRONT Card I S1l0# I F.••1l•h -- - Exhibit---- A Page 1of7 SAMPLE BALLOT BACK INSTRUCTIONS TO VOTER: To vote for the issue/candidate of your choice, flll In the oval next to the lssu&'candldate you want to vote for. Place your ballot inside the secrecy sleeve and then take your ballot to the ballot box. If you make a mistake while voting, return the ballot to the election official for a new one. A vote which has been erased or changed wlll not be counted.
------Instructions: To vote, completely fill in the oval next to your choice, like this: • - - Ballot Measure No. 1 - 17FSH2 Fourth Judicial District - - An act providing for the protection of wlld District Court - -_ salmon and fish and wlldllfe habitat Judge Seekins - 1------t Shall Ben A. Seek ns be retained as judge of the d strict court for four - - Ballot Measure No. 1 yeans? O YES - This act would amend Alaska's fish habitat permitting law. The O NO - act would require the Department of Fish and Game (AOF&G) - to apply new standards to permitting activities and development -projects that have the potential to harm fish habitat. The act - would exempt existing projects, operations, or facilities that -have received all state and federal permits until e new permit is - needed. The act would create fish and wildUfe habltat - -proteclion standards. The standards would address water - quality, temperature, streamflow, and more. The act defines - -•anadromous fish habitat.· The act would allow ADF&G to apply the law to all habitat in Alaska that directly or indirectly - supports salmon or other anadromous fish. The act would - -provide for three types of permits for development In anadromous fish habitat. ADF&G could issue a general permit - -a single permit that applies to many people-for certain -activities. For other activities that require a permit, the act - would establish a two-track permitting system . Minor permits -would be issued for activities that have little impact on fish - - habitat. Major permits would be issued for projects that have - the potential to cause significant adverse effects on fish habitat. - The act defines "significant adverse effects." The act would - require ADF&G to avoid or minimize·adverse effects through -mitigation measures and permit conditions. It would provide - - public notice on all permits and a chance to comment on major permits. The act would create criteria, timeframes, and an - - appeals process for the permits by Interested persons. Tha act - would allow ADF&G to respond to specified conduct with - tickets, civil fines, or criminal penalties. . The act would repeal - two current statutes. One is regarding mitigation from a dam_ - -The other Is regarding criminal penalties that are addressed -elsewhere. - -Should this initiative become law? - Q YES Q NO - - Fourth Judicial District - Superior Court - - Judgelyte - Shell Paul R. Lyle be retained es judge of the superior court for six - years? - Q YES O NO - - Judge McConehy -Shall Michael P McConahy be rete~ as judge of the superior court - - for six years? - - Q YES O NO ------BACK Card ------Exhibit A - Page 2of7 SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the Issue/candidate of your choiee, flll In the oval next to tile Issue/candidate you want to vote for. Place your ba'lot inside the secrecy sleeve and then lake your ballot to the ballot box. If you make a mistake whl e voting, return the ballot to the election official for a new one. A vote which has been erased or changed Wiii not be counted. ------State of Alaska Offlclal Ballot - General Electlon HD24-JD3 - - November 8, 2016 - - -ln1truct!ons: To.-oce. complatotyl il In lhoovar n
Exhibit A Page 3of7 SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the Issue/candidate of your choice. fill In the oval next to the IHue/candldate you want to vote for. Place your ballot inside the secrecy sleeve and then take your ballot to the ballot box. If you make a mistake while voting. return the ballot to the election official for a new one. ------A vote which haa been erHed or changed wlll not be counted. State of Alaska Offlclal Ballot General Electlon HD1·JD4 November 4, 2014
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A vote which haa been erased or changed wlll not be counted. ------State of Alaska Official Ballot - - General Election - - November 2. 2010 - - - - ln1tructlon1: To 'IOI•.oomplttely nl In the oval nex1 lo your cllolce, 11<• lhls: • - .,..,...__,.-=-~~~_.,,...,-...... ,~..--~...... 1 - ·~~' ; Un1tff ~~tn S!J~~pr~ : .i' '; ~ ~dln9.Prv~o.n~ . •. ,t ..-I -.....=:::·~t!.fl=-_f~..J· ~:..· __i1....:: "<:...votv__ ro_r_o_ne...:J.) ; _r_t_;i~~ · ,,._ Guanintftd,Vetenn• Resld1nt11r.i ' ... · I ~ :- • MortG•ue Bond• 1.. · " ,. t - O Mcl\dema, Scion T. Democrat , $90J1,000,000 1 >r, - - O Miller, Joe Republican . t' • i > ~ - U C.r!llf, Tlrn Nil'\ Alfllaleel Bonding Proposlllon A - Sl>lon tho St1111t of Alaolca unconcHUonelly guara.,,.. as • - O Glanoulaoo. Ted NonMllelocl generel oblgelion DI Ille 1111111 llltt Plll'!l*'I ol prlnc:lp8! and - - O H•H•. Fnodtlcl< 'Oavfd" Llblrlarlon ~lelelll on ,.venue bollde ol u.. .AIHlul ~Ing Finance - - Co'JIOfllllon lllued In Ille p~I amount of nol more lhen - O wru••n $600,000,000 lot Ille purpoM of purdlaalng rno ('") Wt1l•·ln ~nd~ProposlllonB - - Shell the Slllle or AIHU Js-l\s general obllgallon boncn lB - -1--,,..-.,.--,..-.,,-...... -----.,.------~ Ille pltnclpal •mount of nol tno18 lhan $397,200.000 lor Ille - ' oovefuor / Ueu~nint GoVemor purpo.. of •iun and con11t11c11on o11ibraty, eduoat1on and - _ 4~ (YOCi rot~) . , , ,..( · educallonel nHIHrch llJClllU.? -l-'--O._W-rlgh-~""0o""-n•""ld-"'R"-.----'"-Alu'---'-1ui'-n-'1nc1-.-penc1e--nce--l 0 BONDS YES 0 BONDS NO - ' "' FB•!lc?l .~•-,if~~~.1 , ' ' '·'J ( - - O Berla>WllZ, Elllen A. o.moc:m .111e"'ll" N.'!'f'bir of.~19Jitcn. . ~ri~ · o1.~cta : - - Benson. Dlllne E. ;r .. · , s•="JG,ln!;'R~~'!"'on 2.1 , ·• , ~ _ - O Pemen, 8"8n R. Repub Ileen Bello! Me•ln No., - - Treadwell, Meed This Act would amend Ill• Allllka CQrwUlullon lo lncmrH 1119 _ nwnt>er ol alllte i.glaialorl l10m 80 to 68. Th• Act would - O Tolen, Wiiiem S. "Billy" Ublrtarlen lncn1N Ill• number of Mnllle rnemblro lrorn 20 to 22. II - Brown, Jeffrey 0. would lnerea.. lh• numblrof houu rnomben l'lom 40 lo 44. Six new l•~iatlve dl1111cts would ba crullld "' 1 ,.&UK • 4 In - - O Iha Houoe and 2 In Iha Senate. Tha chllnga• prOl)O*.cl by Iha _ =::-:------I Ac:I would go Into •tltcl on or allat Janull)' 1, 2011. 1ller • --1-..,..._.==-.,.--...,,,,-----,-r--.,,-----l new redlatllctlng plan bued on Ille 2010 U.S. Censua II adopCed. - Should 11111 conalitutlo Exhibit A Page 6of7 SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the issue/candidate of your choice, flll In the oval next to the Issue/candidate you want to vote for. Place your ballot inside the secrecy sleeve and then take your baUot to the ballot box. If you make a mistake while voting, return the ballot to the election official for a new one. A vote which has been erased or changed will not be counted. ------State of Alaska Official Ballot - - General Election - - November 4, 2008 - - - - Instructions: To vole, completely fill In the oval next to your choice, like this; • - - - Alaskan Independence - O Wright, Don R. Alaskan Independence - - Q Barr,Bob Libenarian O Young, Don E. Republican - Root. Wayne A. - O Berkowitz, Ethan A. Democrat - - O McCain, John Republican C )w,11e-ln - Palin, Sarah - Independent - O Nader, Ralph 1 - - Gonzalez, Matt - O Obama, Barack - Blden, Joe - 0 Republican - - Democrat - - O Haase, Fredrick 0 . "David' i...;;:.:::;~:::;.:~~..:.:....__;:...... ;~~:,::_~_:::...:..:::...... :._~~~?11.!!:..l - - O Stevens, Ted Republfcan O Smith, Rose Democrat - - O Begich, Mark Democrat O Keller, Wes Republlca" - - Q Bird, Bob Alaskan Independence O Write-In - O Gianoutsos, Ted NotAfllllated - - ( )-w-,1-1 e-·in~~~~~~~~~~~~~~ ------Continue Voting on Next Side ------Fii.ONT C°"' 60 $f.Qt I -- - Exhibit A Page 7of7 Candidates for Elected Office General Election Day is Tuesday, November 3, 2020 United States President and Vice President Joseph R. Biden Jr. and Kamala Harris, Democrat Don Blankenship and William Mohr, Constitution Rocque "Rocky" De La Fuente and Darcy G. Richardson, Alliance* James G. "Jesse Ventura" Janos and Cynthia McKinney, Green Jo Jorgensen and Jeremy "Spike" Cohen, Libertarian Brock Pierce and Karla Ballard, Non-Affiliated Donald J. Trump and Michael R. Pence, Republican United States Senate United States Representative Al Gross, Nonpartisan Alyse S. Galvin, Nonpartisan John Howe, Alaskan Independence Don Young, Republican Dan Sullivan, Republican A las ka State Senate Senate District P Senate District R Greg Madden, Alaskan Independence Bert K. Stedman, Republican Gary Stevens, Republican Alaska State House House District 29 House District 30 Benjamin E. Carpenter. Republican* James Baisden, Non-Affiliated* Paul 0 . Dale, Nonpartisan Ronald D. Gillham, Republican House District 31 House District 32 Kelly Cooper, Non-Affiliated Louise B. Stutes, Republican Sarah L. Vance, Republican* House District 33 House District 34 Sara Hannan, Democrat Edward M. "Ed" King, Nonpartisan Andrea "Andi" Story, Democrat House District 35 House District 36 Jonathan S. Kreiss-Tomkins, Democrat Leslie Becker, Republican Kenny Skaflestad, Republican* Daniel H. "Dan" Ortiz, Undeclared *Indicates candidate did not submit pamphlet materials, did not fulfill requirements to appear in pamphlet or failed to meet statutory filing deadlines for submission. (AS 15.58.030 and AS 15.58.060) Exhibit B Page 1of1 From: Sitton Jave CCRD To: Eenumjai. Gaij M CGOv>: Thomosoo. Carol A CGQv> Cc: Mils. Cori M CLAW) Subject: UOCAVA update Date: Thursday, September 17, 2020 11:12:02 AM Gail and Carol, I understand that there is some litigation in state court that could affect the printing of UOCAVA ballots, and we wanted to get an update if possible. Do you have time for a brief call this afternoon? I am available any time except between 4:00 and 4:30 EST. Thanks very much. Jaye Jaye Sitton Trial Attorney Voting Section U.S. Department of Justice, Civil Rights Division (202) 305-4143 Exhibit C Page 1of1 Ch. SS) LAWS OF ALASKA, 1960 87 counters are appointed, the clerks may appointed by the district party commit not be of the same poitlcal party. If tee or candidate he repreaents and alined more than two cowiters are appointed. by the chairman of district committee no more than two counters may be of or candidate repreaentini no party. The the same political party. secretary of state may prescribe recula Uona eoveminc the conduct of watchers Sec. 2.15. Appolnbnent. ot Nominees to assure the p'rlvUeses or watchers and for Jadres and Clerks. Whenever the the proper conduct of the election. appointment of election juda'es or clerks Is required, the party dlatrlct committee Sec. 2.18. Appointment of Par&J' J.tep of the ~lltlcal party of which the gov reaentath•es lor State CanvaH. The sec ernor ls a member may present in writing retary of state shall appoint two persons at least 45 days before the party nomina from each political party to participate tion or election, to the election supervisor, in the canvassing of the vote. Each per the names ot two party nominees for son who was appointed and serves, re juda'es, and one tor clerk, In any or all celvea the same rate of compensation election precincts, and the election super paid election judges. Each political party visor ab.u appoint the party nominees to may present to the secretary of state a the respective precinct election boards. Uat of three or more narnea from which The party district committee of the poll he shall select the persona to represent tlcal party which received the second the party. The Ust of names may be largest number of votes Sn the preceding submitted In writing at least 30 days reneral election may present In writing before the date of the election. The per at least 45 days before the party nomi sona to represent the party on the can nation or election to the election super vaaslnr board may be selected by the visor the name ot one party nominee tor state party central committee or ln any Judae and one tor clerk tor any or all other manner prescribed by the by-laws election precincts and the election super of the party. The l1st ot names shall be visor shall appoint the party nominees to certified by the chairman of the state the respective precinct election boards. U central committee of the party or by the any party district committee falls to pre person authorized by the par\7 by-laws aent the names prescribed by this section, to act in the absence of the chairman. the election aupervlaor may appoint any qualified person. Article Ill Sec. 2.16. Date and Notice of Appoint. General Procedure for Elections meat of Election Board. The election Sec. 3.01. GeJtetal AdmlnlltraU•e Sap supervisor shall make hls appointments entslon bf Secret.u">' of Sta&e. The sec and rive notice thereof at least 30 days retary of state shall provide 1eneral prior to the date of any party primary or administrative supervision over the con election. Appointees shall accept their duct of state elections and may Issue any appointments In writing at. least ten days re~atlons pursuant to the Administra before the party primary or election. tive Procedure Act neceaaary for the Sec. 2.1'1. Appointment and Prl'rileres admlnlatratlon of elections to protect the or Watchers. The district party com Interest of the voter and assure ad mittee may appoint one person as watch mlnlstra&lve efficiency. er In each preclnct for any primary Sec. 3.02. Date of General ElecUon. nomination or election. Each candidate The general election la held on the not representing any polltlcal party may Tuesday after the first Monday 1n No appoint a watcher tor each precinct. in vember ln every even numbered year. his reapectlve district or the state for any election. The watcher may be present Sec. 3.03. Prepara&lon of Offlcl&I &.l· at a position within the place of votln1 lo&. The secretary of state shall prepare which affords a full view of all action of all official ballots to facllltate fairness, the election board taken from the time simplicity, and clarity ln the voting Pl'O the polls are opened until the ballots are cedw·e. to reflect moat accurately the finally counted and the resUlt certlfied intent of the voter, and to expedite the by the election board. The election board adminlatut.ion of elections. The follow may require each watcher to present a tnr dlte'!llVea shall be follO...ed--.Jlen certificate showing him to be the watcher iiJpl!Cabfi! ... _. - .. LAWS OF ALASKA, 1960 (Ch. 83 The general election ballot shall matters of form not provided by Jaw. be designed with the names of candidates of each political party for the office of <2> The secretary of state shall de president and vice-president of the United termine the manner of numbering ballots States placed In the same section on the to assure simplicity and secrecy and to ballot rather than the names of electors prevent fraud. of president and ·vtce-presldent. <3> The secretary of state may con CB> The general or special election tract for the preparation of the ballots ballot shall be designed with the title on a regional basis If necessary and may and proposition for any lnitiat.lve, refer contract for the preparation of ballots endum, or constitutional amendment without obtaining competitive bids. formulated as prescribed by law and placed on the ballot In the manner pre <•> The secretary of state may not scribed by the secretary of state. Pro• Include on the ballot as a part of a can vision shall be made for ma.rklng the didate's name, any honorary or assumed proposition "For" or "Against." title or prefix but may Include In the candidate's name any nickname or famil <9> The general or special election iar form of a proper name of the candi ballot shall be designed with the question date. of whether a constitutional convention (5) _ The general election ballot shall shall be called placed on the ballot In the be printed on white pai)er with the names following manner: "Shall there be a con of candidates placed Jn separate columns stitutional convention?" Provision shall for each political party a.s indicated by be made for marking the question "Yes" column "headings. Candidates··ahall be or "No." f1da""imt "iccordlng to offices, with each <10> A separate statewide or Judi office except the secretary of state, hav cial district-wide ballot shall be designed ing a separate section. The secretary of with the question of whether a Justice or state and aovemor shall be included in Judge seeking to succeed himself shall be the same section. The left column shall approved or rejected 1n substantially the be that of the political party receiving the largest vote at the preceding general following manner: "Shall __ . ·-· ---·-·. election. Provision shall be made for vot be retained as Justice of the supreme ing for wijh:::1n and no-party candidates c o u r t tor ten years?" or "Shall and for · voting a straight party ticket by ' marking only one designated squa.re. ••••• ••• be retained as Judge of the superior court for six years?" <61 The general election ballot shall Provision shall be made for marking the be designed with the position of names question "Yea" or "No." of the candidates changed In each section as many times as there are candidates in C11 > When the legislature by law the section in which there are the most authorizes a state debt for capital im names. As nearly as possible, an equal provements, the secretary of state shall number of ballots shall be printed after place the question of whether the specltlc each change. In making the changes of authorlzatlon shall be ratlfled by placing position, the name of the candidate at the the ballot title and question on the next head of each section shall be taken and general election ballot. Unless specifically placed at the bottom of the section and provided otherwise 1n the act authorizing the column moved up so that the name the debt, the ballot title shall, by the that before was second ls first after the use of a few words In a succinct manner, change. After the ballots are printed, indicate the general subject of the act. they shall be placed in separate stacks, The question shall, by the use of a few one stack for each change of position. sentences In a succinct manner, give a The ballots shall then be gathered by true and Impartial summary of the act taking one from each stack, the Inten authorizing the state debt. Provision tion being that every other ballot In the shall be made for marking the question accumulated stack of ballots shall have substantially as follows: "Bonds - Yes" Ch. 83) LAWS OF ALASKA, 1960 89 or ''Bonds - No," followed by an appro days in a newspaper of general circula priate square. tion In each maJor senate district. The secretary of state shall prescribe the man· Sec. 3.04. Preparation ol Other Elec ner of notice which shall be given by tion Materials. The secretary of state election hoards. The notice shall specl· shall prescribe the form of and prepare fically Include, but Is not limited to, tinted sample ballots, the original and the date of the election, the bOundary of dupttcate registers, oaths of omce of the precinct, the location of the polllng judges, challenge oaths, tally sheets, In place, the hours between which the polling struct.Ions to voters, warning notices and places wlll be open, the offices to which other forms and supplies required for the cnndldates are to be nominated or elected, Nlt1&1IAI election election. and the subject of the propositions and ·~Wll.h the title of questions which are to be voted upon. IUllLlve, refer Sec. 3.05. Distribution of Election Materials. The secretary of state shall Additional notice may be given by use of & 1uncndment newapape1·s, television, radio, printed b1 law and distribute an adequate supply of sample and official ballots, registers, oaths, and posters, and any similar means of com !hummer pre munication. The state, through the office f nl.nt.c. Pro- other forms and supplies required for the election to the election supervisors for of secretary of state, shall pay the cost of . 11\nrklng the any necessary election expenses incurred \Ill.-" distribution to chairmen of election boards in precincts not less than 25 days In giving not.lee of any election. IRl election before the date for the election. sec. 3.08. Tlme for Openlnr and Cloa tht! question ih&" Polls. On the day of election, the I 4.'t.mvent1on Sec. 3.06. Procwement. of Polllnr Place1 election bO&rds shall open the polls at 'Ul\llot In the and Other Supplies. At least 10 days eight o'clock in the morning, shall close rube a con· before the date of the election, the elec the polls at eight o'clock In the evening, iUVl•lon shall tion supervisor shall secure poll~ places and shall keep them open during the time ntlon "Yes" for holding the election, including alter between these hours. The hour shall be nate emergency locations, suitable ballot determined by the standard time, or daY boxes which will assure security and an }1111 or Judl llght. saving time, that Is applicable to adequate number of voting booths or the polling place. ;111> designed screens. national nags, pens, and pencils. 1" ,Justice or Not less than one voting booth or screen Sec. 3.09. Votlnr In Person On11 al #!If shall be shall be furnished for each 100 votes or Rer.ldent Precinct. On election day a quali !HltlnUy the fractional part thereof, cast In the prevl fied voter voting in person shall vote only oua election. The secretary of state may at the polling place In the precinct of his Issue rules prescribing the type of p"Olllng residence. place for holding the election and the re quirements regarding ballot boxes, voting Bee. 3.10. Time Ort for Votlnr. Any booths, screens, national nags, and other qualified voter who does not have suffi supplles to assure admlnlatratlve economy cient time outside his working hours and to protect the secrecy of the ballot. within which to vote at any state election The state, through the office of secretary may, without Joss of pay, take off as of state, shall pay the cost of any neces much working time as Will enable him to by Jaw sary election expenses Incurred In secur vote. U any employee has two consecu ftt11llal im ~ a place for holding the election, a tive hours In which to vote, either be tllnt.c shall suitable ballot box, and an adequate num· tween the opening of the polls and the &lu ~ spec1f1c ber of voting bOoths, screens, national beginning of his regular working shift, or b)' placing flags, and other supplies. between the end of his regular working I) lhe next shift and the closing of the polls, he shall ll>Uciffcally Sec. 3.07. Public Notice ot Elect.Ion Re be deemed to have suftlclent time outside AHlhorizlng quired. At least 10 days before the date his working hours within which to vote. 11, by the of the election the secretary of state shall manner, give, and 1a authorized to contract to give, Sec. 3.11. General Dulles and Oath ot t lhe act. tull publlc notice of the election and may Election Board. The election board shall .or a few select any manner reasonably calculated supervise the election in the precinct. Be r, give a to give actual knowledge of the election fore entering upon the duties of office, I.he act to the voters. Publlc notice shall Include, each election Judge shall take an oath to l'rovlslon but Is not limited to, the posting of writ honesUy, faithfully, and promptly per queatlon ten notice In three conspicuous places in form the duties of his office. Any ap - Yes" each precinct and printed notice for three pointed Judge, whet.her or not having ·90------LAWS OF ALASKA, 1960------(Ch. 83 himself subscribed to the oath, may ad Sec. 3.1'1. ProhlbUlon of Political Per minister the oath to another judge. The suasion Near Election Poll1. During the chalrma.n 9J-~t/* election board shall ro hours the polls are open, no person who tate the ilme at which Judges and clerks ls ln the polling place or within 100 feet ma.y be relieved for meals. ot any entrance thereto, may attempt to persuade any person to vote tor or against sec. 3.12. FWing Vacancies In Election any candidate, proposition or question. Board. If any ap&>Olnted Judge or clerk The election Judges shall post warning falls to appear and subscribe to the oath notices at the required distance in the on election day or becomes Incapacitated form and manner prescribed by the sec during the time of the election or can retary ot state. vaas, the qualltled voters present shall elect. by a majority voice vote, any quali Sec. 3.18. Keeping ot Orllfln&l Register. fied voter present to fill the vacancy. The Judges shall keep an original register In which each voter before receiving his Sec. 3.13. Majority Decision of Election ballot shall sign his name and give both Board. The decision of the majority of his resident and malling address. The Judges determines the action that the signing of the register constitutes a de election board shall take regarding any claration by the voter that he Is qualified question which arises during the course of to vote. the election. sec. 3.U. Permitted Use of Unortlclal Sec. 3.19. Keeping of Duplicate Reg Ballots. If no official ballots or election ister. Clerks shall keep the duplicate aupplles are received, or lt an Insufficient register and shall write In the dupUcate number of either are received, or it either register the names of persons who vote, have been destroyed or lost, the election the names of persons who otter to vote board shall provide, and the voters may but are refused, and a brief statement or use, unmarked substitute ballots and the basis of the refusal. other election materials to indicate the Sec. 3.20. Questioning of Voter ol intent of the voter. The election board Doubtful Qualification. Any election shall certify to the facts which prevented Judge may question any person of doubt the use of the official ballots and mater ful qualification attempting to vote ials and shall Include the certificate in and may require Identification. Upon a the election returns to the secretary of satlsffttory showing that the person is state. The Initial failure to certify to the qualified to vote, the election Judge shall facts, or Include the certificate as re allow the person to vote. If an election quired, does not lnva.lldate any ballots. Judge Is doubtful as to the ability ot a UpOn disclosure that unofficial ballots person to speak the English language, a have been used without a certification as satisfactory showing Is made by the per required, the secretary of state shall son briefly conversing with the election notify the chairman of the election board Judge by the use of simple English words. by telephone or telegraph of his failure to U an election Judge ls doubtful as to properly certify the ballots. The secre whether there Is a physical dlsablllty tary of state may accept the required preventing the speaking or reading of the certmcate made by telegn.ph and count English language, a satisfactory showing the ballots If the certificate Is proper and Is made by a written statement made by actually dellve1·ed to the secretary of a licensed physician that the person iS so state within 10 days of the date that the disabled. chairman of the election hoe.rd was noti fied. Sec. 3.21. Challendng of Voters of Su1- Sec. 3.15. Orticlal Openlni of Polls. pect Qualification. Every election Judge on the day and hour of election, the and election clerk shall challenge, and election board shall announce that the every watcher and other perliOn qualified polls are open and receive the voters. to vote In the precinct may challenge any person attempting to vote 1f the Sec. 3.16. Prohibition of Poll&lcal Dis ch4*~er has good reason to suspect cussion by Election Board. During the thl e challenged person ls not quali hours that the polls are open. no }udge fied to vote. Any challenged person be or cleric may discuss any political party. fore voting shall subscribe to an oath and candidate or issue while on duty. affidavit provided by the secretary of Ch. 83) -----LAWS OF ALASKA, 1960 91 state attesting to the fact that ln each voter may exhibit his ballot to an election particular the person meets all the quali official or any other person so as to enable fications or a voter or that the person any person to ascert.aln how the voter legally voted In the general election of marked his ballot. November 4, 1924 and meeUng the resl dency requirements of a quallfled voter, Sec. 3.29. Prohlbltinl' tbe Identifica that he ls not dlsqualltled, that he has tion of Ballots. No election official may, not voted at the same ele.ctlon and stating while the polls are open, open &nY ballot the place from which the person came received from a voter, or mark a ballot by lmmedlately prior to llvlng In the pre folding or otherwise so as to be able to cinct 1n which he now offers to vote and recognize lt, or otherwise attempt to learn the lenrth of time of his residence ln the how any voter marked his ballot. or allow former place. After the challenged per the same to be done by any other person. son has taken the oath and signed the Sec. 3.30. Prohlllltlnc tbe Count or E:a: atrldavlt, the perllOll may vote. If the hlblted Ballots. No election offlclal may challenaed person refuses to take the oath place In the ballot box any ballot known or slgn the affidavit, the person may not to have been unlawfully exhibited by the vote. voter. Any ballot unlawfully exhibited Sec. 3.22. Administration of Oaths. shall be retained and placed with the Improperly marked or damared ballots. kiKfo Ue1- Any Judie may administer to a voter any 1h1111lcate oath that ls necessary 1n the administra Sec. 3.31. Ottlclal Closln&' or Polls. 1h1pllcate tion of the election. Fifteen minutes before and at the time 11'hu vote, Sec. 3.23. Provldlnr Ballot to Voter. of closing the palls, the election board lo vote When the voter has qualified to vote, the shall announce the present time and the Gtttt'nt or election Judge shall slve him an offlclal time of closing the polls. ballot. The voter shall retire to a booth Bee. 3.32. Voters lh Line Wben Polls or screen to mark the ballot for the Close. EVery qualified voter present and candidates of hls cholef!. In line at the time prescribed for closing Sec. 3.24. Asslstln1 Voter by Judie. the polls may vote. Any quallfled voter who ls Incapable of Sec. 3.33. Immediate Commeneement readl111, of marklnlt tti. ballot or of slgn or Canvau. When the palls are closed lnr hls name may request any Judge to and the last vote has been cast, the elec asalst hlm, and the Judre shall assist the t.ion board and clerks or counters shall voter as requested. Immediately proceed to open the ballot Sec. 3.211. Disposition of Improperly box and to count and canvass the votes Marked Ballot. If any voter Improperly cast. The election board shall cause the marks or otherwise damares a ballot, the canvass to be contmued without adjourn voter may request and the election board ment until the canvass ls complete. shall provide hlm with another ballot, Sec. 3.34. RePort, Oath, and Vacancies with a maximum of three, and the board of Counters. Counters shall report to the shall retain the improperly marked or election board at the time the Polls close damared ballot. to assume thelr duties to assist the elec sec. 3.26. Returnln1 Ballot b:r Voter. tion board In counting and canvassing the When the voter has marked his ballot, vote. Before undertaklna any duties or he shall fold the ballot and return lt to office, each counter shall subscribe to an the judge who shall dep0a1t lt In the bal oath to honestly, faithfully. lmpartlalb, lot box In the presence of the voter. Sep and promptly carry out the duties or his arate ballot boxes may be used for sep p·osltion. Any election Judge may ad arate ballots. minister the oath. I1 an appointed counter falls to appear and subscribe to Sec. 3.27. ProblbltlnJ the Lea.lnJ of the oath at the tlme the polls close, the th• Polllq Place Wltb Ballot. No voter election board shall appaint any quallfled may leave the Pollina place with the offi votei· present to rw the vacancy. cial ballot that he received to mark. Sec. 3.35. General Procedure for Can Sec. 3.28. Problbltlh1 the Emlbltlon of vass. The secretary or st.ate ahall Issue Marked Ballots. Subject to Sec. 3.24, no rules prescribing the manner In which the LAWS OF ALASKA, 1960 (Ch. 83 precinct canvaM Is accomplished so as to the basis or other evidence that the bal asaure accuracy In the count and to ex lot was so marked tor the purpose of pedite the process. The election board or ident.lfylng the ballot. counters shall canvass the ballots in a ClO) It a voter marks in the square manner that allows watchers to see the designated for voting a. straight ticket. ballots when opened and read. No person tor one poutical party and also marks tn handling the ballot after it has been a square for a particular candidate or taken from the ballot box and before lt candidates of another party. a no-party ls placed in the envelope for malUnir may candidate or a write-In candidate, the have a marking device in hand. ballot 15 not invalld and a vote shall be Sec. 3.36. Rules tor De&ermlnln6 Mark counted for each candidate on the on Ballou. The election board sha11 can straight party ticket and no vote shall vass and count the votes according to the be counted tor a candidate or candidates following rules: not on the straight party ticket. Cl> A voter may mark his ballot by Sec. 3.37. Completion of Canvass. the use of checks, cross marks or plus When the canvass ls completed, and in signs, or any other written mark that 1a no event later than the da:v after the clearly placed In the square opPoslte the election, the election board or counters name of the candidate and that Indicates shall make a certificate of the results ln the intent of the voter to designate the dupllcate. The certificate Includes the candidate. number of votes cast for each candidate, tor and against each prop·osltlon, yes or (2) A failure to properly mark a no on each question, and any additional ballot as to one or more candidates does lnformatlon prescribed by the aecreta.ry not Itself invalldate the entire ballot. of state. The election board shall send one copy of the certificate, the original (3) U a voter marks fewer names register, all the ballots cast, all ballots than there are persons to be elected to the improperly marked, damaged and un office, a vote shall be counted for each lawfully exhlblted, properly identified, candidate properly marked. and all oaths and atfldavits made, in one (') I! a voter marks more names package to the secretary or state. Each than there are persons to be elected to board shall send the duplicate certifi the office, the votes for candidates for cate and the duplicate register to its I : that office shall not be counted. resp·ectlve election supervisor. The secre tary of state may authorize election C5> The mark shall be counted only boards in precincts In those areas of the If It Is substantially within the square state where dlst.ance and weather make provided, or touching the square and no man communication unreliable to for other, or placed .near the square so as to ward their election certificates by tele indicate clearly that the voter intended gram or radio. The secretary of state the particular square to be designated. may authorize the unofficial canvau of votes on a regional basis by election <6> Improper marks on the ballot supervisors tallying the votes as lndl· shall not be counted and shall not In· cated on duplicate certificates. The sec validate marks for candidates properly retary of state shall prescribe the manner made. In which the ballots, registers and all <7> Erasures and corrections do not other election records and materials are Invalidate the ballot. thereafter preserved, transferred and de stroyed to assure adequate protection. CB> A vote marked for the candi- date for president or vice-president of Sec. 3.38. Remuneration of Election the United States ls deemed and counted Judge1, Clerk• and Counters. The state, as a vote tor the election of the presl· through the office of secretary of state, dentlal electors. shall pay each Judge, clerk, and counter $2.00 per hour for time sp·ent at their <9> Write-in votes are not Invali elecUon dutles, Including the receiving of dated by writing in the name of a candi instructions, but In no event shall a Judge date whose name Is printed on the ballot or clerk receive compensation of less than unless the election board determines. on $20.00. Ch. 83) LAWS OF ALASKA, 1960 Bee. 3.39. Certlf1lnr Election Espemes. count a certified copy of the duplicate The secretary of state shall prescribe the election cerUflcate of the precinct. U no mannu of cert.lfylng, auditing, and pay election poll books have been received bUt ing election expenses, including the cost an authortzed election cerUflcate has &hn HQuare of rMnr notice, rentlnr pollinr places. been received by teleiram or radio. the lllht. tlcket emburslnr Judres, clerks, and counters, secretary of state shall count the election m1uks ln securing a ballot box, postare. and sta certificate so received. If the secretary dlt1ute or tionery, and obtalnln1 similar election has reason to believe that a mlssln2 pre lln•Parly necewtles. cinct certificate. 1t received, would affect t11'tA" the the result of the election, the secretary or fl nhall be Bee. 3.•o. Preparation of Voter List. state ahall await the receipt of the certl• m& the The secretary of state ahall prepare both flcate untU four o'clock In the aftercoon ·volA• 1Jhall a statewide list and a Ust by precinct of on the 15th day after the date of elec 8Udldates the names and addresses of au penons tion. Any certificate not actually de it,, who voted In the election and their poll llvered to the secretary ot state by four tlcaJ party afflllatlon If the party af (lnnvasa. o'clock on the 15th day after the elec flllatlon was speclflcatly declared by the tion ahall not be counted at the canvasa. l\lld In voter. Any person may obtain a copy of •ft11r the the llat, or a part thereof, by applytnr to Sec. 3.,!i. Certifleatlon of State Can· crounters the secretary pf...state and paying to the Ullta In vass. Upon completion of the canvass, state treaaury~ee therefor as determ the secretary of state shall cert.Uy the th111 the ined by the secretary of state. ltdldRte, person recelvln( the lar1est number of votea for the office for .which he was a J!lfl or Bee. 3.U. Plural Vettns. Upon a de• d&llonal candidate as elected to that office and termination that a person has cut more shall certify the approval of any Justice 1\11.ary than one reneral ballot, the secretary of ~ It itend or Judge not reJected by a majority of state shall notlfY the attorney general to the voters vottn1 on the q1.1estlon. The C1 rb1lnal proceed to prosecute. ll1&1lots secretary of state shall Issue to the el lei un Sec. 3.42. Duty to Canvass Vote. The ected candidates and approved Justices \itued, secretary of state shall canvass the vote and Judres, a certlflcate of their election Ill one with the awstance of and ln the pres or approval. The secretary of state shall . li:och ence of the ap'pointed representatives also certify the results of any proposition •'er\trl• from the polltlcal parties. and other queatlon. .kl lta Sec. 3.•3. Seope of Canvass. The can· Sec. 3.•s. Tie Votes. If two or more I candidates tie In having the hlrhelt num rvas&.._ by the secretary of state shall In· ber of votes for the same office for which elude (l) a review and comparison of there la to be elected only one candidate, the tallles of paper ballots ln the elec the secretary of state shall ao notify the tion 1>0Jl book& with the precinct elec candidates who are tied. The aecretarv tion certlflcates to correct any mathe of state shall Immediately proceed with matical error In the count of paper bal the recount of votes In the manner pro lots, <2> a review of the tallles of write-In vided by Part 3, Article IV of thla code. ballots and a com11arlson of election cer tificates as provided by law from pre Sec. 3.•'l. Preservation of Election Bal clncts uamr votlnr machines, and <31 lots, Pa)lers and Materials. The secre the canvaaa of absentee ballots as pre tary of state ahall preserve all precinct scribed by law. election certlftcates. ballots and other Bee. 3.44. Dates for Openlq and Clos election papers and materlala for four years after the election. The secretary In~ State Canvass. The state canvass shall besln six d&ys after the election of state may permit the Inspection of and be continued dally, except Sundays, election materials upon call by Congress, untU completed. The secretary of state the state legislature. or a court of com shall close the canvass when he Is aatls petent Jurisdiction. flf.d that no mlssln1 precinct certificate of t ltctlon would, lf received, change the Article JV rrsult of the election. If no election cer Special Procedures for Elections tificate has been received from any pre Part 1. Absentee Vottog cinct, the secretary of state may secure from the election supervisors and may Sec. 4.01. Penon1 Wbo Ma1 VoCe Alt- LAWS OF ALASKA, 1962 {Ch. 125 to the holder ol a federal lease a state The term of every shoreland lease shall shorelands lease covering any lands with conform to that of the adjacent federal in the exterior boundaries of the federal lease Including extended terms. The lease which have been excluded there authority of the state to classify such from on the basis of navigability or lands as competitive or noncompetitive which may subsequently be admlnlstra· shall not be Impaired. tiveJy or judicially determined to be Sec. 2. This Act takes effect on the day "Shore Lands" as defined in paragraph after Its passage and approval or on the (n), Sec. 2, Art. I, Ch. 169, SLA 1959. day It becomes law without such approval. Approved April 16, 1962 CHAPTER 125 AN ACT Relating to elecUoos. (H.C.S.C.S.S,B. 6} Be It enacted by tbe Legislature of tbe Sec. 2.08. Dates lor Dealgnatlag Pre• State of Alaska: elnct Bounc1al'J'. The secretary of state shall designate boundaries of any elec Section 1. Sec. 1.01, Art. I, Ch. 83, SLA tion precinct which has been established 1960, Is repealed and re-enacted to read : or modified, not later than 40 days prior Article I to any election. Quallflcatlon and Registration of Voters Sec. 4. Sec. 2.11, Ch. 83, SLA 1960, is 11mended to read: Part I. Qualification of Voters Sec. 2.11. Appointment of Electton Sec. 1.01. Voter Quallncatlon. Any Supervisors. The secretary of state sha11 person may vote at any... election who appoint an election supervisor for each of the four major senate districts de (1) Is a citizen ot the United States, scribed in Sec. 2, Article XIV, of the (2) Is at least 19 years of age, state constitution to assist In the admin istration of elections within their re· (3) has been a resident of the state spectlve senate districts. The secretary for at least one year Immediately pre of state may appoint as an election ceding the election, supervisor any person who Is a qualified voter of the respective senate district (4) has been a resident of the elec· and who does not hold an office in n tion district in which he sE-eks to vote political party. Election supervlsorR for at least 30 days Immediately preced. shall be appointed to serve for a term to Ing the election, and begin not more than 90 days prior to the date of the primary nomination or spec• (5) Is able to speak or read the Eng lal election and to end not more than lish language W'lless prevented by physi 30 days after the date of the general or cal disability, or who voted in the gen· special election. Election supervlsori; eral election of November 4, 1924. shall receive compensation in an amount Sec. 2. Sec. 1.02 (5), Ch. 83, SLA 1960, is that is comparable to that received for amended to read : similar type state employment as de· termlned by the secretary of state. Ex· (5) No member of the armed forces ecutive department employees shall be of the United States or his spouse or appointed election supervisors whenever dependents Is a resident of this state feasible and shall serve without addi. solely by reason of being stationed with· tlonal compensation. in the state. Sec. S. Sec. 3.03 (2}, Ch. 83, SLA 1960, is amended to read: Sec. 3. Sec. 2.08, Ch. 83, SLA 1960, is amended to read : (2) The secretary of state shall (Cli. '125 LAWS OF ALASKA, 1962 number ballots in series to assure sim than 10 days prior to such election. The plicity and secrecy and to prevent fraud. secretary of state may have published in a newspaper of general circulation a Sec. 6. Sec. 3.03 (5), 01. 83, 1960, ls precinct map of densely populated pre rei>ealed and r«H!nacted to read : cincts where need fOr such maps is estab ' (5) The general election ballot shall lished. It shall not be necessary for the be printed on white paper with the names secretary of state to post or publish any of the candidates and their party desig notice other than as hereinbefore pro nations placed in separate sections under vided. Additional notice may be given the office deslgnation to which they were by use of newspapers, television, radio, nominated. The party aUiliation, lf any, printed posters, maps, and any similar shall be designated after the name of means of communication deemed neces the candidate. The secretary of state sary. The state, through the office of and the govemor shall be included under the secretary of state, shall pay the cost the same section. Provision shall be of any election expenses incurred in giv· made for voting for write-in and no-party ing notice of any election. candidates within each section. Sec. 9. Sec. 3.24, Ch. 83, .SLA 1960, is Sec. 7. Sec, 3.03, Ch. 83, SLA 1960, is amended to read : amended by adding a new paragraph t12) Sec. 3.24. AsslsUng Voter by Judge. tci read: Any qualified voter who ls incapable of (12) AU propositions and questions, reading, of marking the ballot, or of other than whether a judge or justice signing his name may request any judge shall be accepted or rejected, shall be or any one or not more than two other placed on a ballot other than the ballot persons of his choice to assist him. U containing the names of candidates. the judge Is requested, he shall assist the voter. U any other person is re· Sec. 8. Sec. 3.07, Ch. 83, SLA 1960, is quested, the person shaU state upon oath repealed and re-enacted to read : before the election judge that he will not Sec. 3.07. Public Notice or ~lecUon divulge the vote cast by the person Required. The secretary of state shall whom he assists. give and is authorized to contract to give Sec. 10. Sec. 3.36 (1), Ch. 83, SLA 1960, full publl~ notice of the election, and Is repealed and re·enacted to read : may select any manner reAsonably cal· culated to give actual knowledge of the (1) A voter may mark his ballot election to the voters. Such notice shall only by the use of cross marks, ''X" be given by publlcation thereof at least marks, checks, or plus signs that are twice in some newspaper or newspapers clearly placed ln the square opposite the of general circulation in each of the four name of the candidate the voter desires major election districts. Such printed to designate. notice shall specifically include but Is not limited to the date of election, the Sec. 11. Sec. 3.36 (1), Ch. 83, SLA 1960, hours between which the pcolling places Is repealed and re-enacted to read: will be open, the offices to which candi (7) Erasures and corrections shall dates are to be nominated or elected, Invalidate the ballot. and the subject of the propositions and of questions which are to be voted upon. Sec. 12. 3.36 {10), Ch. 83, SLA 1960, is Public notice shall also be given by post repealed. ing notices In two or more conspicuous places In each election precinct. Said Sec. 13. Sec. 3.44, Ch. 83, SLA 1960, ts posted notice shall specifically Include but amended to read: is not limited to the date of election, the Sec. 3.44. Dates for Opening and Clos· boundary of the precinct, the location of ln1 State canvass. The state canvass the polling place, the hours between shall begin six days after the election which the polling places will be open, the and be continued dally until completed. offices to which candidates are to be The secretary of state shall close the nominated or elected, and the subject of canvass when he is satisfied that no the propositions and of questions which missing precinct certificate of election are to be voted upon. Said first publl· would, If received, change the result of cation or posting is to be made not less the election. U no election certificate LAWS OF ALASKA, 1962 (Ch. 125 has been received from any precinct, the any deposit. If, on the recount, a candl· secretary of state may secure from the date other than the candidate who re election supervlsors and may count a ceived the original election certificate certified copy of the duplicate election Is declared elected, or If the vote on re certificate of the precinct. If no election count is determined to be four percent poll books have been received but an or more In excess of the vote reparted authorized election certificate has been by the state canvass for the candidate received by tele(ITam or radio, the sec· applying for the recount or in favor or retary of state shall count the election opposed to the question or proposition certificate so received. If the secretary as stated in the application, the @ntirc has reason to believe that a missing pre· deposit shall be refunded. U the entire cinct certificate if received would affect deposit ls not refunded, the secretary of the result of the election, the secretary state shall refund any monies remaining of state shall await the receipt of the after the cost of the recount has been certmcate until four o'clock in the after paid from the deposit. noon of the 15th day after the date of election. Any certificate not actually de Sec. 16. Sec. 5.03, Ch. 83, SLA 1960, livered to the secretary of state by four Is amended to read : o'clock on the 15th day after the elec· tion shall not be counted at the canvass. Sec. 5.03. Requirement. of Declara tion of Party Candidacy. Any member Sec. 14. Sec. 3.47, Ch. 83, St.A 1960, ls of a political party who seeks to become amended to read : a candidate of the party In the primary Sec. 3.47. Preservation of Election nomination shall execute and file a Ballots, Pa~rs, a•c1 Materials. The sec declaration of candidacy. The declare· retary of state shall preserve all precinct tion shall be executed under oath before election certificates, tallles, and registers an officer authorized to take acknowledg· for four years after the p\ection. All ments and shall state In substance: (1) ballots and stubs may be destroyed 30 the full name of the candidate and the days after the certification of state can manner in which he wishes his name to vass unless an application for recount appear on the ballot; (2) the full resl· has been filed and not completed, or un· dent address of the candidate; (3) the less their destruction ls stayed by an full mailing address of the candidate; order of the court. Tbe secretary of (4) if the candidacy Is for the office of state may permit the inspection of elec· state senator or stat@ reprtsentatlve, the t1on materials upon call by Congress, election or senate district of which the the state l@glslature, or a court of com· candidate ls a resident; (5) the office petent jurisdiction. for which the candidate seeks nomlna· Sec. 15. S@c. 4.73, Ch. 83, St.A 1960, is tlon; (6) the name of the political party amended to r@ad : of which he Is a candidate for nomina tion; (7) the date of the primary nomina· Sec. 4.'13. Re411lrement of Deposit. lion at which the candidate declares 'The appllcatlon shall Include a deposit himself to be a candidate: (8) that the in cash, by certified check, or by bond candidate meets the sp@Clfic residency with a surety approved by the secretary requirements of th@ office for which he of state. The amount of the deposit Is is a candidate: (9) that the candidate $50 for each precinct, $250 for each elec· will meet the specific citizenship require tion district, $500 for each major senate ments of the office for which he ls a district, and $2,000 for the entire state. candidate; (10) that the candidate Is a However, if the recount Includes an of· qualified voter as required by Jaw; (11) flee for which candidates received a that the candidate will meet the specific tie vote, or the difference between the age requirements of the office for which number of votes cast for the two candl· he Is a candidate; (12) that the candidate dates receiving the largest number of If nominated and elected will support votes was 10 or less or was less than the principles of the party he seeks to .5 percent of the total number of votes represent; (13) that the candidate re cast for the two candidates for the con. quests that his name be placed on the tested office, or a question or proposition party primary nomination ballot; and for which there was a tie vote on the (10 that the required fee accompanies issue, the application need not include the declaration. (Ch. 125 Ch. 125) LAWS OF ALASKA, 1962 lhu recount, a cand1- Sec. lT. Sec. 5.04, Ol. 83, SLA 1960, is office if elected. 1be secretary of state f!nndldate who re· amended to read : shall place the name of the person nomi nlt1r.llon certificate nated by party petition on the general (Ir Ir the vote on re Sec. 5.04. Manner and Date or FIHnc election ballot or, if the reneral election lct bu rour percent Declaration. The declaration Is filed by ballot has been prepared, the secretary tit•• vote reported either (1) the actual physical delivery of state or the election officials directed for the candidate of the declaration by mall or In person by the secretary of state shall prepare, Ntl nr In favor or on or before 5 :00 p.m. Alaska Standard print, and distribute a sufficient number 1 or proposition time on the first day of May of the year of gwnmed labels or stickers bearing the }l\llun, the entire ln which a general election Is held for name of the candidate to fill the vacancy the office, or (2) the actual physical ~ · It the entire to each voting precinct with instructions 111• "Qcretary of delivery by telegram of a copy In sub that the election judaes shall place one 1 stance of the statements made in the *'"'"11 remaining of the stickers or labels on the appro ll!Mllll hos been declaration on or before 5:00 p.m. Alaska priate place on each ballot before the Standard time on the first day of May ballot is handed to the voter. 1be name of the year In which a general election of any candidate disqualified under the Is held for the office, and also the actual provisions of this section shall not ap physical delivery of the original declara pear on the reneral election ballot. tion postmarked on or before 5 :Oil p.m. Alaska Standard time on or before the Sec. 19. Sec. 8.25, Ch. 83, SLA 1960, is first day of May of the year In which a amended to read: general election Is held for the office. Candidates for state-wide offices shall Sec. 8.25. Date of Homlnatloaa. Can file with the secretary of state. Candi didates for the special election shall be dates for district-wide offices shall file nominated by petition transmitted by with any clerk of the superior court in either (1) the actual physical delivery the major senate district of which the of the petition In person, 12) by mail candidate Is a resident. The clerk of postmarked not later than midnight of the superior court shall immediately for the filinr date, or (3) by telegram of a ward the declaration to the secretary of copy In substance of the statements state. If the first day of May is a Sunday made in the petition to the secretary of or holiday, declaration may be filed no state on or before the 20th day after the later than 5 :00 p.m. Alaska Standard vacancy occurs. time on the followlne day. Sec. 20. Sec. 8.35, Ch. 83, SLA 1960, is Sec. 18. Sec. 5.11, Ot 83, SLA 1960, is amended to read : amended to read : Sec. 8.35. Date of Nominations. Can didates for the special election shall be Sec. 5.11. FIWnc Vacancies by Party nominated by petition transmitted by Petition. U any candidate nominated either (1) actual physical delivery of at the party primary nomination dies, the petition In person, (2) by mail post withdraws, resigns, becomes disqualified marked not later than midnight of the from holding office for which he 1s noml· filing date, or (3) by telegram of a copy nated, or Is certified as being lncapaci· in substance of the statements made ln tated In the manner prescribed by this the petition to the secretary of state on section after the primary nomination or before the 20th day after the vacancy and 10 days or more befor~ the general occurs. elect:Jn, the vacancy may be filled by party petition. The central commJttee Sec. 21. Sec. 8.62, Ch. 83, SLA 1960, Is of any political party or any party dis amended to read : trict committee may certify as being Incapacitated any candidate nominated Sec. 8.62. DeelgnaUon of Nominees by by their respective party by presenting Petition. If the vacancy occurs less than to the secretary of state a sworn state one calendar month before the filing ment made by a panel of three licensed date and more than three calendar physicians, not more than two of whom months before the next general election, shall be of the same political party, that candidates shall be nominated by peti· the candidate is physically or mentally tion transmitted by either (1) the actual Incapacitated to an extent that would physical delivery of the petition in per In his jud1ment prevent the candidate son, (2) by mall postmarked not later from active service during the term of than midnight of the filing date, or (3) LAWS OF ALASKA. 1962 (Chs. 126. 127 by telegram of a copy in substance of Sec. 24. Sec. 9.72, Ch. 83, SLA 1960, is the statements made in the petition to amended to read: the secretary of state on or before the nist of September Immediately preced~ Sec. 9.72. Filing Appllcatlon. The re· ing the special election. call of the governor or a member of the state legislature ls proposed by filing an Sec. 22. Sec. 9.02, Ch. 83, SLA 1960, Is application with the secretacy of state. a mended to read : The recall of the secretary of state Is Sec. 9.02. Filing Appllcatton. An proposed by filing an application with initiative ls proposed by filing an appll· the attorney general, who shall perform cation with the secretary of state. A the duties Imposed on the secretary of deposit of $100 shall accompany the ap. state in the recall of other elected stato plication. This deposit will be retained officials. A deposit of $100 shall ac· if a petition is not properly rued. If a company the application. 'Ibis deposit petition Js properly filed, the deposit shall will be retained If a petition ls not pro be refunded. perly filed. If a petition Is properly filed the deposit shall be refunded. Sec. 23, Sec. 9.32, Ch. 83, SLA 1960, is am~nded to read : Sec. 25. Art. XI, Ch. 83, SI.A 1960, is amended by adding a new Sec. 11.26 to Sec. 9.32. Filing AppUculon. A refer· endum is proposed by filing an applica read: tion with the secretary of state. A Sec. 11.26. Votblg after Dlaquallflca deposit of $100 shall accompany the application. 'Ibis deposit will be re. tloa, Any voter disqualified under Sec. tained if a petition is not properly filed. 1.03 who votes or attempts to vote in If a petition Is properly filed, the deposit any election shall be guilty of a mis. shall be refunded. demeanor. Approved April 17, 1962 CHAPTER 126 AN ACT Rela&tng to the ertectlve date for cbaages to tbe Alaska Election Code; and provldlAg for an elfecUve date. (S.B. 297) Be Ii enacted by the Legislature of the Senate Bill No. 6, as amended (Ch. 125, State of Alaska: SLA 1962), become effective Aprll 15, 1962. Section 1. The changes to the Alaska Sec. 2. This Act takes effect on the day Election Code made by House Committee after its passage and approval or on the Substitute for Committee Substitute for day It becomes law without such approval. Approved April 1'1, 1962 CHAPTER 127 AN ACT Approving salary schedule& for a pay plan for state employees punnant to provtalons al the State PenoDDel Act of 1880; and provldlag for an eHecUve date. (H.B. 472) Be It enacted by the Legislature of tbe schedules are approved pursuant to pro. State of Alallka: visions of Sec. 13(2) and Sec. 24, Ch. 144, SLA 1960, as the pay plan for employees Section 1. The following monthly salary of the State of Alaska: l i . [email protected] IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ALYSE GALVIN, ) ) Plaintiff, ) ) v. ) ) STATE OF ALASKA, DIVISION OF ) Case No. 3AN-20-07991 CI ELECTIONS, and Gail Fenumiai, Director ) of the Division of Elections, ) ) Defendants. ) ~~~~~~~~~~~~~-) CERTIFICATE OF SERVICE I certify that on September 17, 2020 a true and correct copy of the Opposition to Motion for Temporary Restraining Order/Preliminary Injunction and this Certificate of Service was served via email on the following: Kevin Feldis Sarah L. Schirack Perkins Coie, LLP Perkins Coie, LLP Email: KF [email protected] Email: [email protected] Honorable Jennifer S.Henderson Superior Court Judge Email: [email protected] Litigation Assistant