Alaska Judge Orders Ballots Reprinted

X-NO ARCHIVE: YES

Alaska judge orders ballots reprinted
By Matt Volz, Associated Press Writer *|* September 29, 2004

ANCHORAGE, Alaska -- A Superior Court judge on
Wednesday ordered the state to rewrite, reprint and
redistribute all its ballots for the Nov. 2 election,
saying the wording of a ballot initiative was
inaccurate and biased.

Elections officials said that they could comply with
the order, but that it would take 15 days and cost
nearly $300,000 to replace 517,000 ballots. They also
would have to send replacements for about 4,500 ballots
that have already been mailed to people overseas and in
the most remote parts of Alaska.

A Department of Law spokesman said he did not know
whether the state will appeal.

The ballot initiative concerns how the state fills its
U.S. Senate vacancies, which became a heated issue in
Alaska after Republican Frank Murkowski appointed his
daughter Lisa Murkowski to his Senate seat when he was
elected governor in 2002.

Currently, the governor can appoint a replacement to a
vacant Senate seat. The initiative, put forth by a
group that includes several Democratic legislators,
would abolish appointments and require a special
election in all cases except when the vacancy occurs
within 60 days of a primary election.

Lt. Gov. Loren Leman, the Republican chief of the
Division of Elections, twice removed the measure from
the Nov. 2 ballot but was ordered by the Alaska Supreme
Court to put it back on.

He wrote the initiative's ballot summary, which said
the proposition would leave Alaska without full
representation in the Senate for three to five months.

The group that petitioned for the initiative, Trust the
People, sued for an injunction once it discovered the
language of the summary on Sept. 21. The group said
that with a special election, a vacant seat could be
filled in three months in almost all cases.

Judge Moorage Christen agreed with the group that the
four-sentence summary was inaccurate and biased. The
summary also says the measure would leave Alaska
without full representation in the Senate, wording that
is not impartial, she wrote.

"Emphasizing one consequence to the exclusion of others
is impermissible advocacy," Christen wrote.

At a hearing Wednesday, an attorney for Trust the
People, Jeff Feldman, accused Leman of resisting the
proposition at every stage, keeping the language of the
summary secret and trying to run out the clock before
changes could be made.

Assistant Attorney General Sarah Felix said at the
hearing that the summary adequately described the
effects of the initiative and that it was too late to
change the ballots. The summary was posted on the
Division of Election's Web site on Sept. 8, she said.

Christen wrote in her order that the cost and delay
could have been avoided if the state had shown the
summary to the group before printing the ballot.

Christen ordered the state to write a new summary,
submit the new language to initiative sponsors and file
it with the court. Trust the People will have a day to
object to the new summary.

Thomas Godkin, an administrative supervisor for the
Division of Elections, said it will take 15 days to
reprint and redistribute the ballots and will cost the
state about $295,000.

Ballots are required to arrive at regional election
offices 25 days before the election. Reprinting and
redistributing them will break that deadline, but
Godkin said there is little danger of any precinct not
receiving its ballots by Nov. 2, or of any absentee or
early voter not being able to cast a ballot.

Aside from the 4,500 advance ballots, Alaskans can vote
absentee in person or by fax up to 15 days before an
election, or by mail seven days before an election.

Sen. Murkowski is running to keep her job Nov. 2,
facing Democrat Tony Knowles, a two-term former governor.*

© 2004 The New York Times Company
Posted by Permission
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LP
In politics, moderation is the best policy

	#1
LeMod Pol	Alaska Judge Orders Ballots Reprinted X-NO ARCHIVE: YES Alaska judge orders ballots reprinted By Matt Volz, Associated Press Writer \| September 29, 2004 ANCHORAGE, Alaska -- A Superior Court judge on Wednesday ordered the state to rewrite, reprint and redistribute all its ballots for the Nov. 2 election, saying the wording of a ballot initiative was inaccurate and biased. Elections officials said that they could comply with the order, but that it would take 15 days and cost nearly $300,000 to replace 517,000 ballots. They also would have to send replacements for about 4,500 ballots that have already been mailed to people overseas and in the most remote parts of Alaska. A Department of Law spokesman said he did not know whether the state will appeal. The ballot initiative concerns how the state fills its U.S. Senate vacancies, which became a heated issue in Alaska after Republican Frank Murkowski appointed his daughter Lisa Murkowski to his Senate seat when he was elected governor in 2002. Currently, the governor can appoint a replacement to a vacant Senate seat. The initiative, put forth by a group that includes several Democratic legislators, would abolish appointments and require a special election in all cases except when the vacancy occurs within 60 days of a primary election. Lt. Gov. Loren Leman, the Republican chief of the Division of Elections, twice removed the measure from the Nov. 2 ballot but was ordered by the Alaska Supreme Court to put it back on. He wrote the initiative's ballot summary, which said the proposition would leave Alaska without full representation in the Senate for three to five months. The group that petitioned for the initiative, Trust the People, sued for an injunction once it discovered the language of the summary on Sept. 21. The group said that with a special election, a vacant seat could be filled in three months in almost all cases. Judge Moorage Christen agreed with the group that the four-sentence summary was inaccurate and biased. The summary also says the measure would leave Alaska without full representation in the Senate, wording that is not impartial, she wrote. "Emphasizing one consequence to the exclusion of others is impermissible advocacy," Christen wrote. At a hearing Wednesday, an attorney for Trust the People, Jeff Feldman, accused Leman of resisting the proposition at every stage, keeping the language of the summary secret and trying to run out the clock before changes could be made. Assistant Attorney General Sarah Felix said at the hearing that the summary adequately described the effects of the initiative and that it was too late to change the ballots. The summary was posted on the Division of Election's Web site on Sept. 8, she said. Christen wrote in her order that the cost and delay could have been avoided if the state had shown the summary to the group before printing the ballot. Christen ordered the state to write a new summary, submit the new language to initiative sponsors and file it with the court. Trust the People will have a day to object to the new summary. Thomas Godkin, an administrative supervisor for the Division of Elections, said it will take 15 days to reprint and redistribute the ballots and will cost the state about $295,000. Ballots are required to arrive at regional election offices 25 days before the election. Reprinting and redistributing them will break that deadline, but Godkin said there is little danger of any precinct not receiving its ballots by Nov. 2, or of any absentee or early voter not being able to cast a ballot. Aside from the 4,500 advance ballots, Alaskans can vote absentee in person or by fax up to 15 days before an election, or by mail seven days before an election. Sen. Murkowski is running to keep her job Nov. 2, facing Democrat Tony Knowles, a two-term former governor.* © 2004 The New York Times Company Posted by Permission - - LP In politics, moderation is the best policy