Alaska
State judge upholds most fines against group seeking repeal of Alaska ranked choice voting • Alaska Beacon
An Anchorage Superior Court judge has ruled that opponents of Alaska’s ranked choice election system violated state campaign finance laws in their effort to gather signatures for a repeal ballot measure.
In a 54-page order, Judge Laura Hartz upheld almost all fines issued in January by the state’s campaign finance regulator and concluded that Alaska’s “true source” disclosure laws apply to ballot measures.
Those laws state that if a nonprofit contributes to a political campaign, it must reveal the names of its donors, the true source of the money.
Hartz said one fine, levied for the misreporting of $2,358 in cash contributions, may not have been warranted and remanded the issue back to state regulators.
That was a small aspect of the overall case, which involved more than $94,000 in fines levied by the Alaska Public Offices Commission against groups and individuals who backed a ballot measure that seeks to eliminate both ranked choice voting and the state’s open primary, which places all candidates — regardless of party — into a single election for each office.
The repeal measure is slated for the November general election. A separate lawsuit has challenged the signature-gathering process used to put it on the ballot.
Preliminary orders in that case, including one issued Friday, have been in favor of allowing the repeal measure to go forward. A trial on the issue is scheduled to begin Monday.
Hartz’s 54-page order did not touch on that case, only the matter of the fines.
The Alaska Public Offices Commission, which regulates campaign spending in the state, concluded last year that Art Mathias, an opponent of ranked choice voting, contributed $90,000 to the Ranked Choice Education Association, an organization incorporated as a church in Washington state.
RCEA then gave money to Alaskans for Honest Elections, which campaigned in favor of the repeal measure.
Members of the Public Offices Commission concluded that was a violation of state campaign laws that forbid donations in the name of another person and require nonprofits to list their donors if they pass money to a political campaign.
Some ranked choice opponents appealed the fines, as did Alaskans for Better Elections, a pro-ranked choice group that sought larger fines. The Alaska Department of Law, representing the commission, sought to uphold the commission’s decision.
Hartz ruled almost entirely against both appellants, finding that only one fine — involving the handling of cash donations gathered at campaign events — may not have been warranted.
She sent that issue back to the Public Offices Commission for further consideration.
In 2020, Alaskans passed Ballot Measure 2, which included ranked choice voting, the open primary and a law stating that nonprofits that donate to a political campaign must disclose who gave them the money, revealing its “true source.”
That law didn’t directly address ballot measures, but Hartz said that ballot measures are included in the law because of an older law that forbids donations in the name of another person or group.
Her order said in part, “the court concludes that true source reporting requirements do apply to contributions in support of a ballot initiative when the contribution is passed from the true source through an intermediary to an initiative sponsor.”
Using that conclusion, Hartz upheld most of the commission’s actions.
“Because RCEA derives its funds from ‘contributions, donations, dues, or gifts,’ RCEA is an intermediary and not, by definition, the true source of a contribution,” she wrote.
Hartz rejected arguments suggesting that the First Amendment gives donors a right to privacy, thus negating the “true source” law.
“There is no constitutional right to make anonymous contributions for the purpose of influencing the outcome of an election,” she wrote. “There is likewise no right to contribute through an intermediary or in the name of another, and the court declines to create such a right.”
Supporters of the ranked choice repeal suggested they might face threats, harassment or reprisals for their donations and support, but in her ruling, Hartz said that they failed to show “any evidence of a ‘reasonable probability’” that would happen.
Friday’s order is unlikely to be the final word on the matter. Appellants could request a review from the Alaska Supreme Court.
In addition, since the initial filing against Alaskans for Honest Elections, supporters of ranked choice voting have filed additional complaints alleging further problems.
Alaska
Alaska’s voter roll transfer: Republicans bash hearing questioning if lieutenant governor broke the law
JUNEAU, Alaska (KTUU) – A legislative hearing into the legality of Alaska’s voter roll transfer to the federal government ended in partisan accusations Monday, with one Republican calling it a “set-up” and others saying it was unnecessary, while Democrats defended it as needed oversight.
“Andrew (Gray) and the committee has a bias. I mean, that much is obvious from watching it,” Rep. Kevin McCabe, R-Big Lake, told Alaska’s News Source walking out of the hearing before it gaveled out. “Most of the testimony was slanted against the state and against the federal government.”
The House State Affairs and Judiciary committees met jointly Monday to hear testimony about whether Dahlstrom violated the law when she transferred the entirety of Alaska’s voter rolls to the federal government.
Rep. Steve St. Clair, R-Wasilla, agreed with his Big Lake counterpart that the hearing was unnecessary.
“I think we’re speculating on what the intent of the DOJ is and I believe we need to wait and see,” he said.
Rep. Andrew Gray, D-Anchorage and chair of the House Judiciary Committee, pushed back when told of his Republican colleagues’ reaction.
“I think that I went above and beyond to try to include everybody,” Gray said as he left the meeting. “If people are saying that if the Obama administration had asked for the unredacted voter rolls from Alaska, that all these Republicans around here would have just been like, ‘oh, take it all. Take all of our information.’
“That is not true. That is absolutely not true,” Gray added.
Rep. Ted Eischeid, D-Anchorage, backed his House majority colleague, questioning whether Republicans would have preferred if the topic not be addressed at all.
“The minority folks on the committee had a chance to ask questions,” he said. “I think this is a meeting we needed to have. Alaskans have asked for it. I think there’s still a lot of unanswered questions. So shedding light on the state’s actions, that’s bias?”
Dahlstrom did not attend the hearing. Gray said she was invited multiple times but cited scheduling conflicts. The lieutenant governor oversees the Alaska Division of Elections under state law.
In her most recent public statement — published Feb. 25 on her gubernatorial campaign website, not through her official office — Dahlstrom defended the voter roll transfer, saying the agreement with the DOJ was “lawful, limited” and that Alaska retains full authority over its voter rolls.
“The DOJ cannot remove a single voter from our rolls,” she wrote. “Its role is limited to identifying potential issues, such as duplicate registrations or individuals who may have moved or passed away.”
Representatives from the state’s Department of Law and Division of Elections both testified in defense of Dahlstrom’s decision. Rachel Witty, the Department of Law’s director of legal services, told the committee the state viewed the DOJ’s purview.
“The DOJ’s enforcement authority is quite broad,” Witty said. “And so, we interpreted their request as being used to evaluate and enforce HAVA compliance.”
HAVA — the Help America Vote Act — is a federal law that sets election administration standards for states.
Lawmakers also heard from an assortment of outside witnesses who largely questioned the legality of Dahlstrom’s actions, including former Lt. Gov. Loren Leman, who served under Republican Gov. Frank Murkowski, and former Attorney General Bruce Botelho, who served under Democratic Gov. Tony Knowles.
The Documents: A Months-Long Timeline
As part of the hearing, the committee released months’ worth of documents between the Department of Justice — led by Attorney General Pam Bondi — and Dahlstrom’s office, detailing the effort to transfer Alaska’s voter rolls over to Washington.
The DOJ first asked Dahlstrom to release the voter rolls in July of last year, citing the 1993 National Voter Registration Act, which requires states to allow federal inspection of “official lists of eligible voters.”
Dahlstrom agreed to release the records in August, providing a list of voters designated as “inactive” and “non-citizens,” along with their voting records and the statewide voter registration list — but it did not include what the DOJ wanted.
“As the Attorney General requested, the electronic copy of the statewide [voter registration list] must contain all fields,” reads an email sent 10 days after Dahlstrom agreed to release the data, “including the registrant’s full name, date of birth, residential address, his or her state driver’s license number or the last four digits of the registrant’s social security number.”
Dahlstrom agreed to provide the full details months later, in December, citing a state statute that permits sharing confidential information with a federal agency if it uses “the information only for governmental purposes authorized under law.” Those purposes, she wrote in the email, are to “test, analyze and assess the State’s compliance with federal laws.”
“I attach some significance to the fact that it took the State … nearly four months to respond to the Department of Justice’s demand,” former AG Botelho told the committee.
That same day, Dahlstrom, Alaska Division of Elections Director Carol Beecher and DOJ Assistant Attorney General Harmeet Dhillon signed a memorandum of understanding governing how the data could be accessed, used, and protected.
Dahlstrom’s office publicly announced the transfer nine days after the MOU was signed — nearly six months after the DOJ first made its request.
“Alaska is committed to the integrity of our elections and to complying with applicable law,” Dahlstrom said in the December statement. “Upon receiving the DOJ’s request, the Division of Elections, in consultation with the Department of Law, provided the voter registration list in accordance with federal requirements and state authority, while ensuring appropriate safeguards for sensitive information.”
A 10-page legal analysis from legislative counsel Andrew Dunmire, requested by House Majority Whip Rep. Zack Fields, D-Anchorage, concluded that the DOJ’s demand defied legal bounds.
“The DOJ’s request for state voter data is unprecedented,” Dunmire’s analysis states, adding that the legal justification the DOJ used to demand access to the data has never been applied this way before.
“Multiple states refused DOJ’s request, which has resulted in litigation that is now working its way through federal courts across the country,” he adds.
The Senate holds an identical hearing Wednesday, when its State Affairs and Judiciary committees take up the same questions.
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Alaska
Alaska Air National Guard rescues injured snowmachiner near Cooper Landing
JOINT BASE ELMENDORF-RICHARDSON, Alaska – Alaska Air National Guard personnel conducted a rescue mission Saturday, Feb. 21, after receiving a request for assistance from the Alaska State Troopers through the Alaska Rescue Coordination Center.
The mission was initiated to recover an injured snowmachiner in the Cooper Landing area, approximately 60 air miles south of Joint Base Elmendorf-Richardson. The Alaska Air National Guard accepted the mission, located the individual, and transported them to Providence Alaska Medical Center in Anchorage for further medical care.
The mission marked the first search and rescue operation conducted by the 210th Rescue Squadron using the HH-60W Jolly Green II, the Air Force’s newest combat rescue helicopter, which is replacing the older HH-60G Pave Hawk. Guardian Angels assigned to the 212th Rescue Squadron were also aboard the aircraft and assisted in the recovery of the injured individual.
Good Samaritans, who were on the ground at the accident site, deployed a signal flare, that helped the helicopter crew visually locate the injured individual in the heavily wooded area.
Due to the mountainous terrain, dense tree cover, and deep snow in the area, the helicopter was unable to land near the patient. The aircrew conducted a hoist insertion and extraction of the Guardian Angels and the injured snowmachiner. The patient was extracted using a rescue strop and hoisted into the aircraft.
The Alaska Air National Guard routinely conducts search and rescue operations across the state in support of civil authorities, providing life-saving assistance in some of the most remote and challenging environments in the world.
Alaska
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