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PLAINTIFF's MOTION for JUDICIAL NOTICE of FACTS PREMISED UPON CERTIFIED PUBLIC RECORDS (Alaska R

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PLAINTIFF's MOTION for JUDICIAL NOTICE of FACTS PREMISED UPON CERTIFIED PUBLIC RECORDS (Alaska R Stacey C. Stone, Esq. Holmes Weddle & Barcott, P.C. Email: [email protected] 1 ·- -- Counsel for Plaintiffs - -· ,. '·''' IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE LANCE PRUITT, JEFF GARNESS, LISA GARNESS, SHANNON CARTE, DONALD CRAFTS, SUSAN M. KENT-CRAFTS, and CAROLYN "CARE" CLIFT, Plaintiffs, v. LT. GOVERNOR KEVIN MEYER, in his official capacity as Lt. Governor for the State of Alaska, and GAIL FENUMIAI, in her official capacity as Director of the Division of Elections, Defendants. ELIZABETH A. HODGES SNYDER, Intervenor. Case No. 3AN-20-09661CI ~~~~~~~~~~~~~~~~--' PLAINTIFF'S MOTION FOR JUDICIAL NOTICE OF FACTS PREMISED UPON CERTIFIED PUBLIC RECORDS (Alaska R. Evidence 201 and 203) COME NOW Plaintiffs by and through their counsel of record, Holmes, Weddle & Barcott, P.C., and pursuant to Alaska R. Evid. 201 and 203 hereby requests the court take judicial notice of the certified real property records submitted with this motion. PLAJNTIFFS' MOTION FOR JUDICIAL NOTICE OF FACTS PREMISED UPON CERTIFIED PUBLIC RECORDS Lance Pruitt, et al. v. Lt. Gov. Kevin Meyer, et al Page I of 13 Case No. 3AN-20-0966 l CI Overview The Alaska State Constitution at Article 5, Section 1 mandates that in order to be a qualified voter, "a voter shall have been, immediately preceding the election, a thirty day resident of the election district in which he seeks to vote ... " This is further set forth in AS 15.010(a)(2) which provides that a person is qualified to vote if the individual has been a resident of the house district "in which the person seeks to vote for at least 30 days just before the election." Therefore, in order to be a qualified voter in House District 27, individuals must have resided within the district for the thirty days immediately preceding the General Election. Therefore, any voter who desired to vote, must have been a resident of House District 27 between October 4 and November 3. During review of the election, and as the news of litigation became public, Plaintiffs learned of several voters who were not qualified to vote. They were not residents of House District 27 pursuant lo the Alaska Constitution. Plaintiffs have obtained certified documents from the Municipality of Anchorage, the Matanuska-Susitna Borough and the Alaska Department of Public Resources, Recorder's Office demonstrating that certain voters sold their homes prior to October 4, 2020, and were therefore no longer residents or intended to be residents within House District 27, and pursuant to the Constitution and law, were not eligible to vote in the House District 27 race. This motion is supported by the below statement of proposed facts for judicial notice, legal authorities, exhibits hereto and a proposed order. Statement of Proposed Facts for Judicial Notice The following individuals were formerly residents of and registered as voters in House District 27. However, certified copies of public records reflects that these voters were no longer residents of record in House District 27 on or after October 4, 2020. PLAINTIFFS' MOTION FOR JUDICIAL NOTICE OF FACTS PREMISED UPON CERTIFIED PUBLIC RECORDS Lance Pruitt, et al. v. Lt. Gov. Kevin Meyer, el al Page 2 of l3 Case No. 3AN-20-0966 I Cl 1. Courtneay Bartholomew In the 2020 General Election Courtneay Bartholomew voted in House District 27 based upon her residence address of 3819 Scenic View Drive, Anchorage, Alaska. As reflected by the accompanying certified recorded deed, Courtneay Bartholomew sold the house at 3819 Scenic View Drive on September 23, 2020 (document 2020-043910-0)1 and at that time provided her current address as 9301 W 99th Place, St. John, Indiana 463 73. Plaintiffs request the court take judicial notice that Courtneay Bartholomew's address of record was outside of House District 27 as of September 23, 2020 and therefore she was not a resident of House District 27 for the requisite time period between October 4 through November 3, 2020. 2. Joni Lee Bennett In the 2020 General Election Joni Lee Bennett voted in House District 27 based upon her residence address of 3481 Harrier Circle, Anchorage, Alaska. As reflected by the accompanying certified recorded deed, Joni Lee Bennett sold the house at 3481 Harrier Circle on July 17, 2020 (document 2020-030790-0)2 and at that time provided her current address as 300 Bolin Street #A, Anchorage, Alaska. Plaintiffs request the court take judicial notice that Joni Lee Bennett's address of record was outside of House District 27 as of July 17, 2020 and therefore she was not a resident of House District 27 for the requisite time period between October 4 through November 3, 2020. 1 Exhibit I. 2 Exhibit 2. PLAINTIFFS' MOTION FOR JUDICIAL NOT!CE OF FACTS PREMISED UPON CERTIFIBD PUBLIC RECORDS Lance Pruitt, et al. v. Lt. Gov. Kevin Meyer, etc Page 3 of 13 Case No. 3AN-20-0966JC 3. Miranda Cleveland In the 2020 General Election Miranda Cleveland voted in House District 27 based upon her residence address of 7327 Hennings Way, Anchorage, Alaska. As reflected by the accompanying certified recorded deed, Michael Cleveland and Miranda Cleveland sold the house at 7327 Hennings Way on August 14, 2020 (document 2020-036329-0)3 and at that time provided their current address as P.O. Box 210154, Anchorage, Alaska 99521-0154. As reflected by the Personal Representative's Deed recorded August 20, 2020 (document 2020- 03 7365-0)4 and the certified Municipality of Anchorage property record, 5 Miranda Cleveland owns 3068 Brittany Place, Anchorage, Alaska, which is also her current address ofrecord with that public agency. Plaintiffs request the court take judicial notice that Miranda Cleveland's residence was outside of House District 27 as of August 20, 2020, and therefore she was not a resident of House District 27 for the requisite time period between October 4 and November 3, 2020. 4. Andrea Lee Corbin In the 2020 General Election Andrea Lee Corbin voted in House District 27 based upon her residence address of 3241 Tayshee Circle in Anchorage. As reflected by the accompanying certified recorded deed, Rendon and Andrea Corbin sold the house at 3241 Tayshee Circle on September 15, 2020 (document 2020-042272-0)6 and at that time provided her current address as 6928 N Trinity View Drive, Palmer, Alaska 99645. As reflected by the deed recorded 3 Exhibit 3. 4 Exhibit 4. 5 Exhibit 5 [a certified copy will be furnished upon receipt]. 6 Exhibit 6. PLAINTIFFS' MOTION FOR JUDICIAL NOTICE OF FACTS PREMISED UPON CERTIFIED PUBLIC RECORDS Lance Pruitt, et al. v. Lt. Gov. Kevin Meyer, et al Page 4 of l3 Case No. 3AN-20-09661CJ June 15, 2020 (document 2020-013071-0)7 and the certified Mat-Su Borough property record, 3 AndreaLee Corbin owned 6928 N Trinity View Drive in Palmer as of June 15, 2020. Plaintiffs request the court take judicial notice that Andrea Lee Corbin's residence was outside of House District 27 as of September 15, 2020 and therefore she was not a resident of House District 27 for the requisite time period between October 4 and November 3, 2020. 5. Alma Alice Elia In the 2020 General Election Alma Alice Elia voted in House District 27 based upon her residence address of 87 50 Brookridge Drive, Anchorage, Alaska. As reflected by the accompanying certified recorded deed, Alma Alice Elia sold the house at 8750 Brookridge Drive on August 7, 2020 (document 2020-035070-0)9 and at that time provided her current address as 1536 Charter Circle Apt 1, Anchorage, Alaska 99508. Plaintiffs request the court take judicial notice that Alma Alice Elia's address of record was outside of House District 27 as of August 7, 2020 and therefore she was not a resident of House District 27 for the requisite time period between October 4 through November 3, 2020. 6. Andrew John Mesplay 7. Anne Margaret Ward In the 2020 General Election Andrew John Mesplay and Anne Margaret Ward voted in House District 27 based upon their residence address of 6636 Cimarron Circle, Anchorage, Alaska. As reflected by the accompanying certified recorded deed, Andrew J. Mesplay and Anne M. Ward sold the house at 6636 Cimarron Circle on March 27, 2020 (document 2020- 7 Exhibit 7 [a certified copy will be furnished upon receipt]. 8 Exhibit 8. 9 Exhibit 9. PLAINTIFFS' MOTION FOR JUDICIAL NOTICE OF PACTS PREMISED UPON CERTIFIED PUBLIC RECORDS Lance Pruitt, et al. v. Lt. Gov. Kevin Meyer, et" Page 5 of 13 Case No. 3AN-20-0966 IC 011715-0)10 and at that time they provided their current address as 714 N Hoyt Street, Anchorage, Alaska 99508, which is outside House District 27. Plaintiffs request the court take judicial notice that Andrew John Mesplay's and Anne Margaret Ward's residence address was outside of House District 27 as March 27, 2020 and therefore they were not residents of House District 27 for the requisite time period between October 4 and November 3, 2020. 8. Austin Michie 9. Emily Leak-Michie In the 2020 General Election Austin Michie and Emily Leak-Michie voted in House District 27 based upon their residence address of701 l Tamir, Anchorage, Alaska. As reflected by the accompanying certified recorded deed, Austin Michie and Emily Leak purchased 1513 Sunrise Drive, Anchorage, Alaska on September 28, 2020 (document 2020-044467-0) 11 and at that time provided their current address as 1513 Sunrise Drive, Anchorage, Alaska 99504. This residential address is further confirmed by an Alaska Public Offices Commission campaign finance report wherein Dr. Liz Snyder reported that on October 1, 2020, she mailed a check to Ms.
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