Earlier this week, Mudflats, reported voting irregularities in Alaska:
In Homer, apparently, reports were received that each booth had a written list of the write-in candidates posted. This is electioneering, and absolutely illegal.
The Washington Post is reporting that the list was no mistake. It came from the Division of Elections:
But the director of the division of elections says write-in lists have been sent to polling places and that officials see their providing this, to those who ask for it, as meeting their obligation to provide voter assistance.
The Democratic Party is threatening to sue the State of Alaska.
The Democratic Party sees this as an illegal attempt to sway the electorate. Attorney, Joe McKinnon, says "Democrats will consider their options, including seeking a restraining order, if the state continues the practice."
The Democratic Party of Alaska is getting all their ducks in a row. First, they provide the regulation that is being flouted:
DOE regulations are intended to ensure fair elections for Alaska voters. 6 AAC 25.070 states:
“Information regarding a write-in candidate may not be discussed, exhibited, or provided at the polling place, or within 200 feet of any entrance to the polling place, on election day."
This restriction applies identically to early voting days.
As well as a picture of the document in question. (If you're wondering who Sid Hill is, you're not the only one. No information about his senate run online but he may be an Obama protester who was beaten and arrested at the Alaska State Fair in August. I'm beginning to wonder if he was recruited to run just so they could add a Democrat to their cheat sheet and claim that it was non-partisan.)
Furthermore, Patti Higgins, Chair of the Alaska Democratic Party is demanding Lt. Gov. Craig Campbell, overseer of the Division of Elections, to do these 5 things:
- Direct all polling locations to remove immediately all write-in information with candidate names. Also, the Division needs to ask each and every polling location if they posted any information with write-in candidate names and make a list of all violating polling locations available to the Alaska Democratic Party, the press, and the public.
- Make sure that all ballots which were cast Monday, October 18th and Tuesday, October 19th and which posted write-in candidate names, such as in Homer, be segregated and not comingled with other ballots.
- Direct election workers and polling place workers going forward that they cannot post write-in candidate names or discuss them within 200 feet of any polling place and make this communication available to the Alaska Democratic Party, the press, and the public.
- Insure that packets being assembled for the November 2nd election not include information regarding write-in candidate names.
- Provide a full explanation of exactly what happened, why it happened, and how many votes have been tainted.
An article in the Homer paper hints at the tack that might be taken by the State:
[the statute] also states, "Instructions for indicating a write-in choice will be posted in each polling place. If the instructions are not understood, the voter may ask an election official for assistance."
I think that McKinnon manages to make mincemeat out of that argument in a letter sent to the Division of Elections on Thursday, October 21:
In fact, the Division of Elections’ own procedural handbook provides: “The election board must not discuss write-in candidates with voters. If a voter asks how to vote for a write-in, refer the voter to the instructions on the poster in the voting booth or on the sample ballot.” State of Alaska Division of Elections Polling Place Election Procedures, Optical Scan Precincts, Rev. 7/30/09, p. 17. The Division’s own instructions require that a voter needing assistance be referred to the write-in poster and not any other materials. Indeed, your statute provides that “During the hours that the polls are open, an election board member may not discuss any political party, candidate, or issue while on duty.” AS 15.15.160.
The Fairbanks Daily Newsminer reports that state officials have segregated 17 ballots cast in Homer. But that is the only reference I have found to the Division of Elections taking any action other than removing the list in Homer.
The Democratic Party is asking for a response no later than Friday at 1pm. Hopefully someone will be ready to post that diary when we hear what's happening!
I would like to point out that, as an absentee voter in Alaska, I did not receive my cheat sheet from the State. If they feel that voters deserve this kind of assistance, you would have thought they would have made it fair and square and treated all voters equally. Of course, maybe they are sending it by separate envelope.
In the meantime, the Democratic Party of Alaska is asking you to contact them at 907-258-3050 if you notice any voting irregularities. Obviously, at this point in time, it is unclear whether the Division of Elections can monitor it's own actions.
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Update - Video from KTUU: