Print Form IN THE SUPREME COURT (for court system use) OF THE STATE OF ALASKA DOCKETING STATEMENT B For Use With Petitions for Hearing, Petitions for Review, and Original Applications and as a Notice of Intent to File Sentence Petition INSTRUCTIONS FOR MULTIPLE PARTIES OR ATTORNEYS: If there are multiple parties or attorneys, repeat the appropriate box. This may be done on a separate page. Please clearly indicate which attorney represents which party. No. 1. TYPE OF PETITION Date of Court of Appeals Superior Distribution of Type of Petition Court Subsequent Proceedings Decision or Order or Superior Court Judge Case Number to be Reviewed a. Petition for Hearing Petition for Rehearing: from Court of Appeals not filed filed. Date filed: b. Petition for Hearing Date of distribution of order denying petition: from Superior Court c. Petition for Review Motion for Reconsideration: Notice of Intent to file not filed Sentence Petition $1&, 2FWREHU 'DQLCrosby filed. Date filed: denied by order distribution: d. Original Application deemed denied under Civil Rule 77(k)(4). from Court of Appeals case No. from trial court case. No. Judge . Other. Explain: . 2. PETITIONER a. Name b. Status in the Trial Court Kevin Meyer, Gail Fenumiai, and State of Alaska, D Plaintiff Defendant c. Petitioner Mailing Address (not attorney’s address) Other. Specify: . 32%R[ City State Zip Code d.Telephone Juneau Alaska (907) 465-4611 3. PETITIONER’S ATTORNEY a. Name b. Bar Number Laura Fox 0905015 c. Attorney Mailing Address d. Telephone e. Fax 1031 West Fourth Avenue, Suite 200 (907) 269-5722 (907) 258-4978 City State Zip Code f.Firm/Agency Anchorage Alaska 99501 Department of Law 4. RESPONDENT a. Name b. Status in the Trial Court Arctic Village Council et al. Plaintiff Defendant c. Respondent Mailing Address Other. Specify: . C/O Native American Rights Fund City State Zip Code d.Telephone SCT-B (rev. 1/18) 5. RESPONDENT’S ATTORNEY a. Name Court Apptd b. Bar Number Natalie Landreth 0405020 c. Attorney Mailing Address d. Telephone e. Fax 745 West Fourth Avenue, Suite 502 (907) 276-0680 (907) 276-2466 City State Zip Code f.Firm/Agency Anchorage Alaska 99501 Native American Rights Fund 6. CONSTITUTIONAL ISSUES Is the constitutionality of a state statute or regulation at issue in this proceeding? Yes No If yes, cite statute or regulation: AS 15.20.081(d); AS 15.20.066(b)(2) 7. SENTENCE PETITIONS ONLY a. Excessiveness of the sentence is the ONLY issue. b. A transcript of the sentencing proceeding is requested because Petitioner is indigent. (If petitioner has not been adjudicated indigent by the trial court, a completed, financial statement affidavit form must be attached.) 8. ATTACHMENTS The following items are submitted with this form ( a, b, or c must be check unless this is a notice of intent to file sentence petition): a. The original petition for review and SIX copies or petition for hearing from the superior court and SIX copies; OR b. The original petition for hearing from the court of appeals and NINE copies; OR c. The original application and SIX copies. d. A copy of the judgment or order from which relief is sought attached to the original petition and EACH copy. e. A $250 filing fee or a motion to appeal at public expense (financial statement affidavit form must be included). a motion to waive filing fee (if basis for motion is inability to pay, financial statement affidavit form must be included). no filing fee is required because appellant is represented by court-appointed counsel. the state or an agency thereof. an employee appealing denial of benefits under AS 23.20 (Employment Security Act) f. A motion for expedited action submitted not submitted. g. A motion for stay of trial court proceedings submitted not submitted 2FWREHU V/DXUD)R[ Date Signature of Petitioner or Petitioner’s Attorney CERTIFICATE OF SERVICE I certify that on a copy of this docketing statement and all attachments (except filing fee) were mailed delivered to All Parties in the trial court (listed) Signature: SCT-B- 2 (rev. 1/18) [email protected] E M E R G E N C Y IN THE SUPREME COURT OF THE STATE OF ALASKA KEVIN MEYER, in his official ) capacity as the Lieutenant Governor of ) the State of Alaska; GAIL FENUMIAI, ) in her official capacity as the Director ) of the Alaska Division of Elections; ) and the ALASKA DIVISION OF ) ELECTIONS, ) Supreme Court No.: S-_______ ) Petitioners, ) ) v. ) ) ARCTIC VILLAGE COUNCIL, ) LEAGUE OF WOMEN VOTERS OF ) ALASKA, ELIZABETH L. JONES, ) and BARBARA CLARK, ) ) Respondents. ) ) Trial Court Case No.: 3AN-20-07858 CI 269-5100 269-5100 ) EMERGENCY MOTION FOR EXPEDITED DECISION ON THE STATE’S 907 ( PETITION FOR REVIEW (Appellate Rule 504) PHONE ANCHORAGE BRANCH DEPARTMENT OF LAWDEPARTMENT OF ANCHORAGE, ALASKA 99501 99501 ALASKA ANCHORAGE, Petitioners, State of Alaska, Division of Elections, Kevin Meyer, and Gail 1031 W. FOURTH AVENUE, SUITE 200 SUITE FOURTH AVENUE, 1031 W. OFFICE OFFICE THE ATTORNEY OF GENERAL Fenumiai, make this Emergency Motion for Expedited Decision on their Petition for Review filed today. Expedited action is necessary because this dispute concerns the State’s ability to apply a statutory witness requirement for absentee by-mail ballots in the upcoming general election. Thousands of absentee ballots—with instructions explicitly requiring that the voters have their ballots witnessed—have already been distributed, voters have already begun to cast their ballots, and election day is fast approaching. On October 5, 2020, the superior court granted but did not implement a preliminary injunction directing the Division to suspend the witness requirement and directing the parties to agree to, or separately propose, a public awareness campaign. If this Court were to affirm the superior court’s preliminary injunction, the Division would need to initiate a significant, expedited public awareness campaign to help assure voters are informed that the statute has been suspended and are not misled or confused about the absentee voting process. For example, if the superior court orders any mailings, it will take the Division 7- 10 days to print and mail a postcard to all registered voters. Voters would then need additional time to receive the postcard, act on the information provided by the Division, and vote and return their ballots before next month’s election—all while accounting for the likelihood that mail may be delayed. Additionally, until this Court definitively rules on the matter, there is an ongoing risk that voters might misunderstand the superior 269-5100 269-5100 ) 907 ( court’s ruling—even if it is stayed—and believe that the witness requirement is no PHONE ANCHORAGE BRANCH DEPARTMENT OF LAWDEPARTMENT OF longer in force. If voters submit unwitnessed ballots, and the witness requirement is ANCHORAGE, ALASKA 99501 99501 ALASKA ANCHORAGE, 1031 W. FOURTH AVENUE, SUITE 200 SUITE FOURTH AVENUE, 1031 W. OFFICE OFFICE THE ATTORNEY OF GENERAL ultimately upheld by this Court, those voters will be disenfranchised. For these reasons, the State requests that the Court rule by close of business Monday, October 12, 2020. This will minimize the risk of confusion or potential disenfranchisement to voters and allow the Division as much time as possible to education and inform voters about the changes to absentee voting requirements. Counsel for the State has notified counsel for the respondents of the State’s Kevin Meyer, et al. v. Arctic Village Council, et al. Case No. S-_______ Emergency Motion for Expedited Decision on the State’s Petition for Review (Appellate Rule 504) Page 2 of 3 intention to file this emergency motion and the related petition for review. All grounds advanced in support of this motion were submitted to the superior court. This motion is based upon Alaska Rules of Appellate Procedure 402 and 504 and supported by the attached affidavit of counsel and written statement of facts. Opposing counsels’ telephone numbers and addresses are: Natalie Landreth Ezra D. Rosenberg Native American Rights Fund Lawyers’ Committee for Civil Rights 2801 B Street, Suite 401 Under Law Anchorage, Alaska 99501 1500 K Street, NW Suite 900 (907) 276-0680 Washington, DC 20005 (202) 662-8600 Stephen Koteff ACLU of Alaska Foundation Dale E. Ho ACLU of Alaska American Civil Liberties Union 1057 West Fireweed Lane, Suite 207 Foundation, Inc. (New York) Anchorage, AK 99503 125 Broad Street, 18th Floor (907) 263-2007 New York, NY 10004 (212) 519-7866 DATED October 6, 2020. 269-5100 269-5100 ) 907 ( CLYDE “ED” SNIFFEN, JR. ACTING ATTORNEY GENERAL PHONE ANCHORAGE BRANCH DEPARTMENT OF LAWDEPARTMENT OF ANCHORAGE, ALASKA 99501 99501 ALASKA ANCHORAGE, 1031 W. FOURTH AVENUE, SUITE 200 SUITE FOURTH AVENUE, 1031 W. OFFICE OFFICE THE ATTORNEY OF GENERAL By: /s/ Laura Fox Laura Fox Assistant Attorney General Alaska Bar No. 0905015 State of Alaska; Department of Law 1031 West Fourth Avenue, Suite 200 Anchorage, AK 99501 (907) 269-5275 Kevin Meyer, et al. v. Arctic Village Council, et al. Case No. S-_______ Emergency Motion for Expedited Decision on the State’s Petition for Review (Appellate Rule 504) Page 3 of 3 [email protected] IN THE SUPREME COURT OF THE STATE OF ALASKA KEVIN MEYER, in his official ) capacity as the Lieutenant Governor of ) the State of Alaska; GAIL FENUMIAI, ) in her official capacity as the Director ) of the Alaska Division of Elections; ) and the ALASKA DIVISION OF ) ELECTIONS, ) Supreme Court No.: S-_______ ) Petitioners, ) ) v. ) ) ARCTIC VILLAGE COUNCIL, ) LEAGUE OF WOMEN VOTERS OF ) ALASKA, ELIZABETH L. JONES, ) and BARBARA CLARK, ) ) Respondents. ) ) Trial Court Case No.: 3AN-20-07858 CI WRITTEN STATEMENT OF FACTS IN SUPPORT OF EMERGENCY MOTION FOR EXPEDITED ACTION 269-5100 269-5100 ) 907 ( The petitioners, the State of Alaska, Division of Elections, Kevin Meyer, and PHONE ANCHORAGE BRANCH DEPARTMENT OF LAWDEPARTMENT OF Gail Fenumiai (“the State”) provide the following statement of facts in support of this ANCHORAGE, ALASKA 99501 99501 ALASKA ANCHORAGE, 1031 W.