Alaska
Michael Tavoliero: Power of the governor to enforce Alaska's Constitution
By MICHAEL TAVOLIERO
Article VII, Section 1 of the Alaska State Constitution states, “Schools and institutions so established shall be free from sectarian control.”
This provision is aimed at ensuring that Alaska’s public education system, which includes its university system, remains impartial and free from influence or control by any particular religious or ideological group. It underscores the importance of maintaining neutrality and inclusivity within the state’s educational institutions.
If you agree with my constitutional reading, then how can this best be approached by our state government?
The National Education Association-Alaska has over 12,000 members. It is obligated to represent its members. However, its ideological control over the Alaska education system is considered ubiquitous and multilayered in local school districts, our state bureaucracy and our tripartite government, the executive, legislative and judicial branches, and the federal government.
In a seismic legal upheaval, Alaska’s educational landscape is in tumult, with the future of homeschooling hanging in the balance. Recent judicial action has delivered a stunning blow by striking down laws supporting the state’s correspondence education program, citing them as unconstitutional.
The reverberations of this decision are felt across the state, as over 20,000 homeschool students face uncertainty, and public-school districts are thrust into chaos, tasked with integrating these displaced students back into traditional classrooms. With the Alaska Department of Education and Early Development now at the center of this urgent crisis, the need for a swift resolution looms large.
It’s baffling to witness our state government hesitating, caught in indecision over the crucial next steps: Do we pursue a legislative remedy or take the matter to the Supreme Court? The urgency of this issue cannot be overstated, yet inexplicably, the government remains on the defensive, failing to seize the initiative. Let’s be clear: This is not just about politics or legal wrangling. It’s about the very future of our children, the very future of our state. The time for action is now.
To address the issue of NEA-Alaska violating Article VII, Section 1, the governor of Alaska holds significant authority and avenues for action.
Firstly, under the state constitution’s Article III, Section 16, the governor has the authority to ensure the faithful execution of the laws, including constitutional mandates such as sectarian control in education. This authority empowers the governor to take appropriate legal action to enforce compliance with constitutional provisions and legislative mandates, as well as to restrain any violation of constitutional or legislative powers, duties, or rights by state officers, departments, or agencies.
Additionally, Article III, Section 23 grants the governor the authority to make changes in the organization of the executive branch or in the assignment of functions among its units for efficient administration. These changes, when requiring the force of law, are set forth in executive orders. The legislature has a specified period to disapprove these orders, after which they become effective. The governor also has administrative order authority which can be solidified into regulations without legislative review.
Moreover, the governor’s oath of office, as mandated by Article XII, Section 5, requires the Governor to uphold the U.S. and Alaska constitutions. This oath underscores the governor’s commitment to respecting and adhering to constitutional principles, including those related to education policy and sectarian control.
The governor and all members of the state legislature are required to comply with Article XII, Section 5. Additionally, every public official and employee of the state before entering upon the duties of office are required by AS 39.05.040 and AS 39.05.045 to take and sign an oath which includes supporting and defending both the Constitution of the United States and the Constitution of the State of Alaska.
Do the members of the NEA-Alaska support this when teachers have also taken an oath? The oath is same per 4 AAC18.010(a)(5) and AS 39.05.045 so all contracts for teachers and administrators must include in this all Alaska public school contracts.
This brings into question the practical application of the state’s Legislative Ethics Act, specifically Section AS 24.60.010, and the role of the Ethics Committee when the governor identifies a constitutional violation.
If you agree with my constitutional reading, how can any of our state government and our teachers support the continuation of NEA-Alaska’s sectarian control of education in the light of the oaths taken?
In practical terms, the Governor can utilize legal mechanisms such as executive orders or administrative orders to address concerns regarding sectarian control in education. These orders could outline specific actions or directives aimed at ensuring that schools and institutions remain free from sectarian influence or control. Additionally, the governor may use this opportunity to reign in the NEA-Alaska’s unconstitutional behavior through regulation.
Furthermore, the attorney general, as the legal advisor for the state, can work with the governor to assess the legal basis for any actions taken against NEA-Alaska or other entities perceived to violate constitutional provisions.
Regarding campaign donations to members of the legislature, the constitutional mandate for schools to be free from sectarian control may influence donor behavior and legislative decisions. Donations from organizations like NEA-Alaska may face greater scrutiny, and legislators receiving such contributions may be questioned about their commitment to upholding constitutional principles as well as their oath of office.
Will such a declaration of unconstitutionality by the governor trigger the Alaska Public Offices Commission to investigate every donation which supports this unconstitutionality? The governor certainly has the authority to demand this.
Ultimately, the governor’s authority, combined with legal and ethical considerations, provides avenues for addressing concerns related to sectarian control in education and ensuring adherence to constitutional mandates.
If the governor determines that NEA-Alaska has violated Article VII, Section 1 of the Alaska State Constitution, specifically regarding the freedom of schools and institutions from sectarian control, he has the authority to act, including addressing public education union contracts through administrative orders immediately.
Administrative orders issued by the governor typically pertain to the organization and functions of the executive branch. If the governor declares unconstitutionality, the structural components of NEA-Alaska may be challenged. The governor could also take indirect actions within the scope of his authority to address concerns related to sectarian control in education.
For example, the governor could utilize administrative orders to initiate investigations or audits into public education union activities to determine compliance with constitutional mandates. If violations are found, the governor could work with relevant state agencies to enforce corrective measures or impose penalties as allowed by law.
Additionally, the governor may leverage his authority to influence legislative action or budgetary decisions that impact public education union contracts. By working with the state legislature and other stakeholders, the governor could advocate for policy changes or funding allocations aimed at addressing issues related to sectarian control in education.
Ultimately, any actions taken by the governor must adhere to constitutional principles, respect the rights of all parties involved, and comply with applicable laws and legal procedures. The governor must carefully consider the legal and practical implications of his actions and ensure that they align with the broader goals of promoting impartiality and inclusivity in Alaska’s public education system.
But the fact remains as open as the air we breathe, in Alaska, the education system is controlled by one entity, and one entity alone, and that is NEA-Alaska.
Michael Tavoliero writes for Must Read Alaska.
Alaska
The Alarming Prices Of Groceries In Rural Alaska — And Why They’re So Expensive – Tasting Table
Many households across America have been struggling with their grocery bills due to inflation that hit the global markets after the COVID-19 pandemic, but for families in Alaska, especially in rural communities, the prices of basic goods have reached alarming heights. Alongside inflation, the main issue for the climbing prices is Alaska’s distance from the rest of the U.S., which influences the cost of transport that’s required to deliver the supplies.
Given that Alaska is a non-contiguous state, any trucks delivering grocery stock have to first cross Canada before reaching Alaska, which requires a very valuable resource: time. According to Alaska Beacon, “It takes around 40 hours of nonstop driving to cover the more than 2,200 highway miles from Seattle to Fairbanks” on the Alaska Highway. That’s why a fairly small percentage of the state’s food comes in on the road. For the most part, groceries are shipped in on barges and are then flown to more remote areas, since “82% of the state’s communities are not reachable by road,” per Alaska Beacon. As such, even takeout in Alaska is sometimes delivered by plane.
Planes, trucks, and boats all cost money, but they are also all vulnerable to extreme weather conditions, which are not uncommon in Alaska. Sometimes local stores are unable to restock basic staples like bread and milk for several weeks, so Alaskans struggle with high food insecurity.
How much do groceries cost in Alaska?
Groceries in Alaska cost significantly more than in the rest of the U.S., but even within the state itself, the prices vary based on remoteness. You’ll find that prices of the same items can double or even triple, depending on how inaccessible a certain area is. The New Republic reported that prices in Unalakleet, a remote village that’s only accessible by plane, can be up to 80% higher than in Anchorage, Alaska’s most populated city. For example, the outlet cited Campbell’s Tomato Soup costing $1.69 in Anchorage and $4.25 in Unalakleet. Even more staggering is the price of apple juice: $3.29 in the city, $10.65 in the village. Such prices might make our jaw drop, but they’re a daily reality for many Alaskans.
As one resident shared on TikTok, butter in his local store costs $8 per pound — almost twice the national average. Fresh produce is even more expensive, with bananas going for $3 a pound, approximately five times the national average. It’s therefore not surprising that most of the people who live in Alaska have learned to rely on nature to survive.
Subsistence living has great importance for many communities. They hunt their own meat, forage for plants, and nurture their deep cultural connection to sourdough. For rural Alaskans, living off the land is a deep philosophy that embraces connection with nature and hones the survival knowledge that’s passed down through generations — including how to make Alaska’s traditional akutaq ice cream.
Alaska
Backcountry avalanche warning issued for much of Southcentral Alaska
High avalanche danger in the mountains around much of Southcentral Alaska prompted officials to issue a backcountry avalanche warning Saturday for areas from Anchorage to Seward.
The Chugach National Forest Avalanche Information Center said that a combination of heavy snowfall, strong winds and low-elevation rain Saturday “will overload a weak snowpack, creating widespread areas of unstable snow.”
The warning is in effect from 6 a.m. Saturday to 6 a.m. Sunday.
Human-triggered and natural slides are likely, and avalanche debris may run long distances into the bottoms of valleys and other lower-angle terrain, the center said.
In Saturday’s avalanche forecast, which noted high avalanche danger at all elevations in the Turnagain Pass and Girdwood areas, the center said avalanches were likely to fail on weak layers about 1.5 to 3 feet deep.
Forecasters recommended that people avoid traveling in avalanche terrain, staying clear of slopes steeper than 30 degrees.
“Avalanche conditions will remain very dangerous immediately after the snow finishes,” the avalanche center said in its warning.
The center also said conditions may cause roofs to shed snow, and urged that people watch for overhead hazards, use care in choosing where to park vehicles and watch out for children and pets.
Areas covered under the backcountry avalanche warning include the mountains around Anchorage, Girdwood, Portage, Turnagain Pass, Lost Lake and Seward.
Farther north, the Hatcher Pass Avalanche Center in its forecast Saturday said danger was considerable at upper elevations and moderate at middle elevations.
Snowfall in Anchorage and Mat-Su
A winter weather advisory remained in effect until 9 a.m. Sunday from Anchorage up to the lower Matanuska Valley, including the cities of Eagle River, Palmer and Wasilla.
The National Weather Service said total accumulations of 4 to 8 inches of snow were possible, with localized areas potentially receiving up to a foot of snow.
The snowfall was expected to peak Saturday evening before tapering off Sunday morning, the weather service said.
Alaska
In US Supreme Court case over which absentee ballots count, Alaska doesn’t pick a side
Alaska’s appointed attorney general on Friday filed a friends of the court brief in a case before the U.S. Supreme Court involving whether absentee ballots that arrive after Election Day can be counted.
The filing does not side with either party in the case, which arose in Mississippi.
Instead, it informs the court of the logistical hurdles in Alaska — far-flung villages, lack of roads and severe weather — that make it difficult to receive absentee ballots by Election Day.
Alaska, like roughly half the other states in the U.S., allows some ballots cast by Election Day to be received later, the brief says.
The case, Watson v. Republican National Committee, challenges a law in Mississippi that allows absentee ballots received shortly after Election Day to count if they are postmarked by Election Day.
The Republican National Committee, the Mississippi Republican Party, the Libertarian Party of Mississippi and a Mississippi voter challenged the law in 2024. They argue that under federal law, ballots must received by state officials by Election Day to be counted.
The case could have national implications by influencing midterm elections, and comes amid baseless assertions from President Donald Trump that mail-in voting results in “MASSIVE VOTER FRAUD.”
The Alaska brief was filed by Jenna Lorence, the first Alaska solicitor general after Attorney General Stephen Cox created the role and appointed the Indiana attorney in October to fill it.
The 14-page brief says it does not support either party in the case.
The state’s impartiality drew criticism from an elections attorney, Scott Kendall, one of the main architects of the state’s ranked choice voting and open primary system.
“If you’re going to file something, take a position in favor of Alaska’s laws because they’re there for a very good reason,” Kendall said.
If the U.S. Supreme Court strikes down the law in Mississippi, that could lead to the disenfranchisement of many Alaska voters whose ballots arrive after Election Day, he said.
“Thousands upon thousands of Alaskans, through no fault of their own, wouldn’t be able to vote, and that’s not the democracy I signed up for,” Kendall said.
Under Alaska law, absentee ballots sent in state are counted if they are received “by the close of business on the 10th day after the election,” the filing says. Ballots from overseas must be received by the 15th day after the election.
Asked why the solicitor general did not take a position defending Alaska’s law or siding with either party, the Department of Law said in a statement emailed by spokesperson Sam Curtis:
“The State is committed to providing fair elections for Alaskans and will do so whatever rule the Court adopts. Alaska has previously filed these factual briefs to ensure courts understand the State’s unique perspective. Here, we wanted to ensure the Supreme Court knew how circumstances in Alaska make rules that might be simple in Mississippi more complicated in our State. We’re asking for clarity, so the Division of Elections and Alaska voters have straightforward rules to apply in the 2026 election.”
The filing notes that most Alaska communities are hard to reach.
“With over 80 percent of Alaskan communities off the road system, and extreme weather making access by boat or plane unreliable during certain months, including November, Alaska’s Division of Elections will continue to establish processes unlike any other State to ensure that its geography does not limit its citizens’ ability to vote,” the filing says. “Alaska asks that as this Court crafts a rule in this case, it provide clear parameters for Alaska to apply.”
The filing provides examples of how determining when a ballot was “received” by the Division of Elections is not always clearly defined, the Department of Law said.
In some cases, even in-person votes can struggle to reach the state elections division due to weather and geographical challenges, the filing says.
In 2024, poll workers in Atqasuk in northern Alaska tallied the votes cast on Election Day, but could not reach the elections division by phone that night.
So they “placed the ballots and tally sheets into a secure package and mailed them to the Division, who did not receive them until nine days later,” the filing says. “This exemplifies the hurdles that the Division regularly faces to receive and count votes from rural areas.”
The 5th Circuit Court of Appeals held that ballots must “be both cast by voters and received by state officials” by Election Day, the filing says.
“While that rule may invalidate laws like Mississippi’s delayed receipt deadline, what does it do in a situation like Atqasuk, where votes were cast and received by some poll workers on election day, but state officials did not receive the physical ballots or vote tallies until days later?” the filing says.
“Even more standardized voting situations in Alaska raise these questions,” the filing says.
“For example, when a voter casts an in-person absentee ballot in a remote area shortly before election day, the absentee voting official must send the ballot (in its unopened absentee ballot envelope) to the regional office, which may take some time,” the filing says. “Is the ballot ‘received’ the day it is turned over to the voting official? Or is it ‘received’ only once it reaches the regional office, where, for the first time, the Division evaluates eligibility before opening the envelope and counting the ballot within?”
“While it is clear when a ballot is ‘cast’ in Alaska (meaning that the vote cannot be changed), when certain ballots are actually ‘received’ is open to different interpretations, especially given the connectivity challenges for Alaska’s far-flung boroughs,” the filing says.
Alaska Lt. Gov. Nancy Dahlstrom, who oversees elections, said in a prepared statement that Alaska wants the Supreme Court “to provide clear guidance that protects election integrity while recognizing Alaska’s logistical challenges, so every eligible voter can make their voice heard.”
Cox said in the statement that Alaska wants the court to “consider how a rule that seems straightforward in some states might raise more questions in others. All we want is clarity in the rules.”
The filing also points out that for absentee ballots, many voters rely on the United States Postal Service.
“But unlike in other states, where mail delivery can be accomplished by simply driving to someone’s house via a continuous road system, USPS must use creative solutions to reach 82 percent of Alaskan communities,” the filing says.
In a separate matter, new guidelines from the U.S. Postal Service could also lead to votes not being counted across the U.S.
The postal service said on Dec. 24 it cannot guarantee that it will postmark ballots the same day they are put into a mailbox.
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