Alaska Superior Court, Judge Frank Pfiffner, has granted a temporary restraining order sought by the Alaska Democratic and Republican Parties.
The groups sued the state's Division of Elections for providing a list of write-in candidates to voters who request additional assistance with the write-in portion of the ballot.
"The judge has clearly ruled that the law should be upheld, and Alaska voters deserve a fair and legal election," said Patti Higgins, Chair of the Alaska Democratic Party in a release.
She said the order means that the state of Alaska cannot give any write-in candidate special treatment.
The 14 page ruling is available as a pdf through a link on the KTUU site that breaks the story in Alaska. Excerpts below the fold.
http://www.ktuu.com/...
Hold on folks, it's going to be a wild ride in Alaska this week. Scott McAdams, bring it on home.
Update: Well, I was right about that last part. Supreme Court has issued a STAY (sort of) that's actually more of an UPHOLD, but not exactly. I think it's attorney welfare in the works. More below.
Key wording from the ruling:
E.ADP has demonstrated probable success on the merits of its claim.
For all of the foregoing reasons, ADP has demonstrated that it will likely prevail on the claim that The Division's nascent policy of providing write-in candidate lists at polling places violate state election regulations. Specifically, ADP has demonstrated that the clear language of 6 AAC 25.070(b) prohibits the Division from providing information about write-in candidates--including their names, party affiliations, and certification status--for distribution to voters at polling places. Further , ADP has demonstrated that the Division has already provided such information to early voters and intends to continue providing it throughout the general election. Finally, the Division's justification for its new policy is without merit because it base based on an unreasonable and arbitrary interpretation of its own regulation. Even under the deferential standard that this court is bound to apply, it would not likely uphold the Division's actions. Because ADP has demonstrated that it is likely to succeed on the merits , it is entitled to a TRO.
V. CONCLUSION
ADP is entitled to and is hereby granted a temporary restraining order enjoining the Division from disseminating and using lists of write-in candidates at all polling places in the State of Alaska realtive to the November 2010 general election.
Frank A. Pfiffner, Superior Court Judge
UPDATE (cont.)
Supreme Court agrees original lists cannot be used. Will rule further after deliberation. In the meantime--
Lists can be shown to voters who ask, but not other voters, and not the original lists. The lists they may be shown may contain names only--not party affiliation or other information. I would assume that would mean what seat a candidate is a write-in for.
Any write-in votes in the meantime will be segregated and open to legal challenge in the future.
New briefs due Thursday, Oct. 28 at 3PM. Judges promise to rule expediently, but do not provide a timetable.
Justices hearing the case today: Fabe, Winfree, Christen, and Stowers.
ADN called this a Reversal of the Stay. I call it an Upholding of the Stay (in that original lists cannot be used) and mixing it up to create utter chaos for early voters and possibly for forever for any write-in votes in this election.
One more reason to vote McAdams, it appears.
Here's the actual wording of today's Supreme Court Action:
IT IS ORDERED THAT:
- The tiral court’s October 27, 2010 temporary restraining order is STAYED pending further order of this court. However, the list of registered write-in candidates shall be limited to names only, and shall not include party affiliation or any other information.
- The Petition for Review , as supplemented, will be considered on an expedited basis. Responses to the Petition for Review, limited to 18 pages in length shall be filed with the Clerk of the Appellate Courts in Anchorage by 3 PM Thursday, October 28, 2010, by hand delivery, email, or facsimile.
- In the interim period prior to this court’s ruling on the underlying Petition for Review, all ballots cast by voters provided with the list of registered write-in candidates shall be marked or otherwise identified and segregated. Furthermore, the Division of Elections shall provide the court with any reasons why this process of identification and segregation of such ballots cannot continue throughout the course of the election should the Petition for Review be granted, this notice shall also be filed by 3pm Thursday, October 28, 2010, by hand deliver, email, or facsimile.
Signed by Clerk of the Appellate Courts–Marilyn May
ADN story and download of legal pdf here:
http://www.adn.com/...