Alaska Supreme Court rules Armstrong eligible to serve in legislature

ANCHORAGE, Alaska (KTUU) – In a 2-1 choice made by the Alaska Supreme Court docket, Home District 16 winner Jennie Armstrong’s eligible Alaska residency was confirmed, which means that she will serve her time period within the Alaska Home of Representatives.

Former Republican Rep. Liz Vazquez ran towards Armstrong and misplaced the election by over 10% of the ballots forged within the West Anchorage home district. Vazquez, Chris Duke, Randy Eledge, Steve Strait and Kathryn Werdahl sought to have the outcomes overturned after a put up on Instagram introduced into query when Armstrong moved to Alaska, and due to this fact when she formally grew to become a resident.

Lawyer Stacey Stone represented Vazquez, and argued that Armstrong didn’t develop into a resident upon stating her intent to make Alaska her dwelling on Could 19 of 2019, however did so on June 8 — which fell after the June 1 date which might set up three years of residency and permit Armstrong to file for elected workplace.

“There must be some goal proof some demonstration that you simply’re not right here on trip, that you’re really right here residing inside the state of Alaska,” Stone argued earlier than the Alaska Supreme Court docket. “It’s not nearly becoming a member of the state it’s about eradicating from the prior state.”

Chief Justice of the Alaska Supreme Court docket Daniel Winfree and Supreme Court docket Justice Jennifer Henderson agreed with Anchorage Superior Court docket Choose Herman Walker’s choice that Armstrong’s residence in Alaska was established on Could 19.

“We affirm the superior court docket’s final conclusion that Ms. Armstrong was a professional candidate as required by regulation. A full choice will comply with,” Henderson and Winfree wrote within the choice posted simply hours after the listening to concluded.

Stone argued that residency necessities specified by Alaska Statute 01.10.055 must be utilized in live performance with these present in Title 15, thus requiring a 30-day interval to determine residency earlier than somebody can declare to be a resident of Alaska, with out having undertaken such concrete measures as altering a drivers license, signing a lease, shopping for a house or registering to vote. Stone argued that residency will not be established on the primary day somebody is in Alaska, however after the thirtieth day.

“It was not quickly sufficient to fulfill the constitutional requirement for residency to run for the state legislature for this cycle,” Stone mentioned. “I believe it’s unreasonable and implausible to point that you’ll be able to achieve residency on the tenth day with none formal acts of turning into an precise resident of the state.”

Supreme Court docket Justice Susan Carney was the one dissenting voice within the choice.

“I’d reverse the superior court docket’s willpower that Ms. Armstrong was a professional candidate,” Carney wrote.

Presenting on behalf of the Alaska Division of Elections and Lt. Governor Nancy Dahlstrom was Laura Wolff, who known as into query the concept 30 days should be added to any particular residency necessities.

“If that’s the case then each single statute, you recognize you recognize you may’t do a PFD except you’ve been right here for a yr plus — and 30 days — and all the things would have an and 30 days tacked on to it I don’t know that any company has ever thought that,” Wolff mentioned.

Arguing on behalf of Armstrong — who acquired 4,237 votes to three,432 for Vazquez — was Scott Kendall, who felt choose Walker’s choice was not made in error, and that the details offered in Superior Court docket had been goal and never subjective. Kendall famous that Armstrong’s intent was not solely made by the objects she left in Alaska on the finish of her trip on which she acknowledged her intent to maneuver completely to the state and the particular residence she made plans to maneuver into, but in addition that she then adopted by means of on that intent.

“Ms. Armstrong’s total life since then is corroborating proof,” Kendall mentioned.

Kendall additionally rejected the concept the Instagram put up made on June 13 was a definitive assertion of location or residency.

“Ms. Vazquez makes a variety of a single Instagram put up, however I need to let the court docket know one thing,” Kendall mentioned. “In the event you’re not acquainted with Instagram, Instagram will not be actual life.”

The Alaska Legislature is ready to gavel into session on Tuesday, Jan. 17. Armstrong will symbolize Home District 16 in an Alaska Home of Representatives that has but to prepare into majority and minority caucuses.

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