North Slope Legislative election lawsuit goes to judge

The election for Alaska House District 40 is now in the hands of Anchorage Superior Court Judge Andrew Guidi.

On Monday, lawyers for the state of Alaska and Rep. Benjamin Nageak, D-Barrow, issued their closing statements in Nageak’s attempt to overturn the results of the August Democratic primary in the district that covers the North Slope Borough and the Northwest Arctic Borough.

On Election Day and again after a recount, challenger Dean Westlake defeated the incumbent Nageak. The final certified tally was 825-817 in Westlake’s favor.

Nageak sued, challenging that the election was fatally flawed by mistakes in precincts across the district.

“The present election cannot stand,” Nageak attorney Tim McKeever said. “It was done illegally, in violation of the law, and … an essential element of the election has been violated, and the court needs to recognize that fact.”

Arguing for the state, assistant Attorney General Margaret Paton-Walsh admitted that mistakes were made, but argued that the mistakes did not rise to the level of “malconduct, fraud, or corruption,” the standard required by state law to overturn an election.

“We do not assume poll workers are dishonest without any evidence whatsoever,” she argued to Guidi.

The Anchorage judge is under a tight timeline to decide the case. The Alaska Division of Elections needs to know the results of the race in time to open early voting for the general election on Oct. 24.

Regardless of Guidi’s decision, the case is bound for the Alaska Supreme Court, which is already preparing to receive an appeal.

Guidi will issue his decision no later than the close of business Thursday (and likely before that, he said Monday afternoon). A schedule posted by the clerk of Alaska’s appellate courts outlines what follows: An appeal by the losing party on Friday, opening briefs on Saturday, responsive briefs on Monday, and oral arguments Wednesday.

The Supreme Court would decide the case by Oct. 14, in time for the division of elections to begin mailing blank ballots to the North Slope three days later.

While Guidi is unlikely to have the final word, his word will have weight among the Supreme Court justices, who typically are reluctant to overturn a lower court’s decision unless there is significant merit.

In this case, McKeever faces a three-part challenge to win. He must prove mistakes were made, that those mistakes were deliberate, and the mistakes changed the outcome of the race.

The state has admitted the first part of the test, and the third part is relatively easy, given the closeness of the race. The second part of the test is the most difficult, and over the past week, McKeever has done his best to pass that test with a panel of witnesses and a pantry of evidence.

The case hinges on three precincts. In one, covering the town of Buckland, a poll worker served as the assistant for several elderly voters unable to get to the polls. Under state law, a “special-needs” ballot allows someone to vote on Election Day with the assistance of a “personal representative” who travels to the polling place instead of the actual voter.

In the community of Point Hope, eight ballots were cast by people who did not sign the precinct register — there is no way to know whether those voters were registered, and there is no way to distinguish the eight questionable ballots from the legally cast ones.

Finally, in the Shugnak precinct, poll workers allowed all 51 voters to cast both Democratic and Republican ballots: For 51 voters, there were 102 ballots cast.

“Clearly, this was conduct that was malconduct,” McKeever said. “It was violation of the law. It could change the outcome of the race.”

Paton-Walsh argued that the double-voting, while inappropriate, was unlikely to change the result of the election. Both Westlake and Nageak were on the Democratic ballot, and since each voter cast only one ballot for each party, neither man could benefit.

That’s not true, McKeever argued, since the first choice of any voter in Alaska’s primary is which ballot to vote, and in this case, the Shugnak voters were denied that choice.

More in News

(Juneau Empire file photo)
Aurora forecast through the week of Nov. 3

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

Voters at Anchorage City Hall wait in line to cast their ballots on Monday, the day before Election Day. City hall, in downtown Anchorage, was one of the designated early voting sites in the state’s largest city; however, it is not an Election Day polling site. (Yereth Rosen/Alaska Beacon)
How to vote in Alaska: Options abound, but the deadline is almost here

In-person, mail, electronic and fax voting still possible on Election Day.

The Republican presidential nominee, former President Donald Trump, appears on stage with U.S. Sen. Marco Rubio, R-Fla., center, and Arkansas Gov. Sarah Huckabee Sanders during a campaign rally at the J.S. Dorton Arena on Nov. 4, 2024, in Raleigh, North Carolina. (Photo by Chip Somodevilla/Getty Images)
‘Election Day is not results day’: Get ready for a wait to find out who’s president

Some Alaska results may not be known until 15 days after Election Day.

A voter talks to election officials at a early voting station at the State Office Building on Monday. Alaskans, like the rest of the U.S., are casting early ballots at a record pace ahead of Tuesday’s election. (Mark Sabbatini / Juneau Empire)
In longshot scenario of Electoral College tie, winner of Alaska’s House race may pick the next president

By-state vote in House means Peltola or Begich could determine winner; Murkowski’s vote could pick VP.

(Michael Penn / Juneau Empire file photo)
Police calls for Saturday, Nov. 2, 2024

This report contains public information from law enforcement and public safety agencies.

(Michael Penn / Juneau Empire file photo)
Police calls for Friday, Nov. 1, 2024

This report contains public information from law enforcement and public safety agencies.

(Michael Penn / Juneau Empire file photo)
Police calls for Thursday, Oct. 31, 2024

This report contains public information from law enforcement and public safety agencies.

“I voted” stickers featuring Tlingit artwork by James Johnson are displayed on a table at an early voting station at the Mendenhall Mall annex Oct. 30. (Laurie Craig / Juneau Empire file photo)
In ballot issues, voting and democracy are having a moment

While other states consider implementing ranked choice voting, Alaska may be first state to repeal it.

A docked cruise ship, the Regent Seven Seas Explorer, is seen in Seward’s harbor on June 19 from the Race Point on Mount Marathon. The Port of Seward received a Clean Ports Program grant from the Environmental Protection Agency for a shore-based system to power cruise ships when they are docked in town. (Yereth Rosen/Alaska Beacon)
Seward gets grant for shore-based system to power docked cruise ships

Town on track to be second in Alaska, after Juneau, to provide such facilities.

Most Read