Alaska

Michael Tavoliero: Power of the governor to enforce Alaska's Constitution

Published

2 years ago

May 13, 2024

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.

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Alaska

Alaska accepts ballots that arrive after Election Day. This case could end that.

Published

52 minutes ago

March 24, 2026

Press Room

Alaska accepts ballots that arrive after Election Day. This case could end that.

WASHINGTON — The U.S. Supreme Court appears poised to rule in favor of the Republican National Committee that all ballots must be received on Election Day to be counted.

In a case argued Monday, the RNC challenges a Mississipi law that allows ballots postmarked on or before Election Day to arrive up to five days later.

Alaska accepts postmarked ballots that arrive up to 10 days after Election Day – 15 days if mailed from overseas. And, for Alaska, the implications of the Supreme Court ruling could extend beyond mailed ballots.

The RNC case could be consequential for the midterm elections, when control of Congress is at stake. While people of both parties vote by mail, more permissive rules for it are perceived to help Democrats, especially since President Trump rails against the practice.

U.S. Solicitor General John Sauer argued that counting ballots that arrive late violates the federal law that sets the Tuesday following the first Monday of November as Election Day for the whole country.

“All ballots have to be received and the ballot box has to close on Election Day,” he said.

In Alaska’s last general election, more than 50,000 ballots arrived by mail. The Division of Elections couldn’t immediately say how many of those arrived in the 10 days after Election Day but it appears to be many thousand.

Sometimes, even Alaska ballots cast in person on Election Day aren’t received the same day. The village of Atqasuk , on the North Slope, tried to phone in its 2024 election results but couldn’t get through to the Division of Elections. The mailed ballots arrived nine days later.

Alaska Attorney General Stephen Cox cited the Atqasuk episode in a friend-of-court brief he filed in the Mississippi case.

“Alaska asks this Court to consider how its rule here will apply in all States—including Alaska, where ‘receiving’ a ballot isn’t always as simple as walking to a precinct or driving a few hours to pick up a ballot box,” he wrote.

Pat Redmond, co-president of the Alaska League of Women Voters, said Alaska has a secure process for mailed ballots. She believes the current deadline is fair and allows remote places necessary time to deliver their ballots.

“Not every place has electronic transmission,” said Redmond, who has also served as an election worker. If all ballots have to be in on Election Day “then those people, their ballots don’t count, and that’s disenfranchising people.”

Attorney Scott Stewart, defending Mississippi’s ballot deadline, told the justices that it’s wrong for the Trump administration to suggest that late-arriving ballots are subject to fraud.

“Obviously, they’ve sounded the anti-fraud theme,” Stewart said. “They haven’t cited a single example of fraud from post-Election Day ballot receipts.”

Late-counted ballots have swung several statewide contests in Alaska.

•The 2020 ballot measure creating Alaska’s ranked choice voting system and open primaries was losing on election night but ultimately won.

•Post-Election Day counts gave Sen. Lisa Murkowski the lead over challenger Kelly Tshibaka in 2022, and Murkowski’s lead grew further after second- and third-choice votes were tallied.

•In 2024, a measure to repeal ranked choice voting was ahead on election night but narrowly lost in later counts.

Late-counted ballots typically include an unknown number of ballots that arrived before Election Day, too. Still, despite no evidence of wrongdoing, supporters of the losing campaign have sometimes alleged fraud.

The Supreme Court is expected to issue a ruling in the Mississippi case this summer. An attorney for the Republican National Committee told the justices a June ruling would allow states to change their ballot rules in time for the November election.

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Alaska

Polar bear undergoes root canal at Alaska Zoo

Published

13 hours ago

March 23, 2026

Press Room

Polar bear undergoes root canal at Alaska Zoo

ANCHORAGE, Alaska (InvestigateTV) — Staff at the Alaska Zoo performed a root canal on one of its polar bears after the bear broke a canine tooth.

Kova, 4, shares an enclosure with another polar bear named Cranbeary. The two have toys, treats and a large pool where Kova likes to take her morning swim.

Curator Sam Lavin noticed something was wrong when Kova’s behavior changed.

“Kova is a very interactive and busy bear and she just seemed kind of off. She was pawing at her mouth a little bit,” Lavin said.

Lavin suspected a tooth issue and asked Kova to open her mouth for a closer look.

“We could see that she had broken one of her canines and there’s any number of ways she could have done that,” Lavin said.

An X-ray confirmed the diagnosis. Zoo staff consulted with a veterinary specialist outside Alaska, sent the X-rays and received advice on how to proceed.

“We went with a local doctor to do the work,” Lavin said.

An endodontist who normally operates on humans was part of the large team that performed the root canal on the fully sedated 450-pound bear.

“Everybody knew ahead of time what their role was and what to do and where to be and it was so well planned out and everybody worked so well together,” Lavin said.

The procedure went smoothly.

“She feels so much better,” Lavin said.

The zoo said Kova quickly recovered and is back with her playmate Cranbeary.