A divided Alaska Supreme Court docket dominated Friday that an Anchorage Democrat who gained a state Home race was a certified candidate.
Earlier this week, Superior Court docket Choose Herman Walker Jr. issued a choice discovering that Democrat Jennifer “Jennie” Armstrong met residency necessities and accepting the outcomes of the November election. His choice was appealed by Republican Liz Vazquez, who misplaced to Armstrong, and 4 others who had joined her in difficult Armstrong’s win.
A short order from the state Supreme Court docket, shortly after listening to arguments within the case Friday, mentioned merely: “We affirm the superior court docket’s final conclusion that Ms. Armstrong was a certified candidate as required by legislation. A full choice will comply with.”
Three justices heard the case: Chief Justice Daniel Winfree and Justices Jennifer Henderson and Susan Carney. Carney dissented, writing that she would reverse Walker’s discovering that Armstrong was certified.
Vazquez’s lawsuit alleged that Armstrong had not been an Alaska resident for at the very least three years instantly earlier than submitting for workplace and that Armstrong was subsequently not certified for the workplace.
Below the state structure, to serve within the legislature one should be a “certified voter who has been a resident of Alaska for at the very least three years and of the district from which elected for at the very least one yr, instantly previous his submitting for workplace.” The submitting deadline was June 1.
Attorneys for Vazquez and the opposite plaintiffs in court docket paperwork mentioned proof supported the assertion that Armstrong’s residency didn’t start till at the very least June 8, 2019. Vazquez lawyer Stacey Stone made related arguments Friday.
The lawsuit had pointed to things like a social media publish, fishing license purposes and the date when Armstrong registered to vote.
“Whereas Armstrong might subjectively consider that she grew to become a resident of Alaska when she ‘confirmed up, put her head down, and determined’ on Might 20, 2019, the target proof says in any other case,” Stone and fellow attorneys for the plaintiffs wrote in court docket paperwork.
Armstrong mentioned she moved to Alaska on Might 20, 2019. She mentioned that’s when she and her now-husband mentioned and determined she would transfer in with him in Anchorage. She testified her social media posts weren’t at all times contemporaneous and {that a} 2022 fishing license software tracing her residency to Might 2019 was extra exact than prior purposes.
Walker, in his ruling, mentioned he discovered Armstrong grew to become a resident on Might 20, 2019, primarily based on the proof offered to him. He mentioned state legislation permits a resident to quickly go away Alaska and keep their residency so long as they intend to return. He mentioned Armstrong left for prior commitments on Might 20, 2019, and returned June 8, 2019.
He mentioned he discovered her absence beginning Might 20, 2019, was short-term and that she “maintained her intent to return whereas she was away.”