Update | 4:30 p.m.
The Alaska Supreme Court has ruled for the Division of Elections and is allowing the state to go forward with a newly redesigned ballot that leaves off the candidates’ party identification.
The case was brought by congressional candidate Alyse Galvin.
She’s an independent who won the Democratic primary for U.S. House last month. The November ballot accurately describes her as the Democratic nominee. But the Alaska Division of Election revealed this week that it decided to omit the letters next to the names, like the “N” Galvin says should be next to her name, indicating that she’s non-partisan.
Galvin’s attorney, Kevin Feldis argued in Superior Court this morning that his client will be falsely portrayed as a partisan if the state doesn’t correct the ballot.
“When I look at the ballot today, and it’s in front of me now, it says ‘Don Young, Republican nominee. Alyse Galvin, Democratic nominee.’ That is Republican versus Democrat. That’s what I see. That’s what the public will see,” Feldis said.
The state’s attorney, Margaret Paton-Walsh, argued that Galvin affiliated with the party when she chose to run in the Democratic primary.
“The statement on the ballot is completely accurate, and it is not misleading. The fact that it doesn’t reveal every political position or view in the nuanced way that Miss Galvin has — that’s just the reality of ballots,” Paton-Walsh said.
Superior Court Judge Jennifer Henderson sided with Galvin on Thursday. But this morning Henderson ruled for the state and the Supreme Court quickly upheld the decision.
The state’s attorneys said delaying the ballot could cause the state to miss deadlines and some voters could be denied their right to cast a ballot.
Chief Justice Joel Bolger announced the decision from the bench.
“We are not convinced that the petitioner has established that the Superior Court has abused its discretion in this case,” he said.
Barring another judicial intervention, the ruling leaves the state free to take the next step in preparing for the election, which is to mail some 8,000 ballots to military members and other residents who are overseas.
Original story
The Alaska Supreme Court will hear oral arguments in a lawsuit filed by independent U.S. House candidate Alyse Galvin Friday beginning at 1:15 p.m.
Galvin, an independent candidate, won the nomination of the Alaska Democratic Party in its primary last month. She sued over a new ballot design from state election officials that references her Democratic Party nomination, but not her independent voter registration.
Superior Court Judge Jennifer Henderson decided Friday morning not to block the state from mailing ballots to overseas voters.
Her ruling Friday reverses the direction the judge took Thursday, when she temporarily stopped the state from printing more ballots that leave off a letter next candidates’ names showing which party, if any, they affiliate with.
Galvin is challenging incumbent Republican U.S. Rep. Don Young. The change also affects other independents who secured the support of the Democratic Party in the August primary election, such as U.S. Senate candidate Al Gross, although Gross has not joined the lawsuit.
Anchorage Superior Court Judge Jennifer Henderson issued her five-page temporary restraining order Thursday morning. Henderson did not explain why she ordered elections officials to stop printing ballots when, at Wednesday’s hearing, a state attorney reportedly said that more than 800,000 ballots had already been printed. But Henderson is requiring Galvin to commit $10,000 to cover any costs or damages to the state if she ultimately loses her lawsuit.
The hearing will begin at 1:15 p.m. KTOO will provide live Gavel Alaska coverage of the proceedings on 360 North TV, at ktoo.org/gavel and it streaming live here.
