Just hours after a Superior Court judge barred the state Division of Elections from providing lists of write-in candidates at polling places, the Alaska Supreme Court placed an emergency stay on that injunction Wednesday evening.
The order from the state’s highest court temporarily allows that list of write-in candidates to be handed out, with conditions. But those who disagree with the decision say the state's entire political process is at stake.
The decision is a potential game-changer for Sen. Lisa Murkowski’s write-in campaign, as well as those of her opponents, Democrat Scott McAdams and Republican Joe Miller.
The Alaska Democratic Party filed for the Superior Court injunction Monday, and the suit was joined by the Alaska Republican Party before Judge Frank Pfiffner granted the injunction Wednesday.
In his ruling, Pfiffner said the lists were in clear violation of state regulations forbidding the distribution of any information about write-in candidates at polling places or within 200 feet of them. He also noted that this is the first time in state history that write-in candidates have been listed at polling places.
Wih that injunction now suspended, however, Democrats are now voicing concerns about the Supreme Court’s emergency stay.
“We feel the Division of Elections is continuing to make this election more complicated for Alaska voters and allowing more of their ballots to be questioned in the long run, which is bad for Alaskan voters trying to make their voice heard,” said Alaska Democratic Party spokesperson Sarah Mouracade.
The party says it’s particularly concerned about a section of the stay order that requires the ballot of anyone who asks for the list to be marked or somehow separated from the other ballots.
“They have to implement this by 8 a.m. tomorrow morning, when the polls open -- to me, that seems like a disaster for the Division of Elections to instruct all poll workers how to segregate these ballots, and honestly I think it would make the voters uncomfortable,” Mouracade said.
While a list of the write-in candidates’ names will be provided, their party affiliations will not. Both sides have until 3 p.m. Thursday to file detailed arguments to the Supreme Court.
The Senate campaigns also weighed in on Wednesday’s decision.
“I do believe that the lower court’s ruling earlier today is based in law supported by statute; we believe that a quick resolution by the Supreme Court is a good one for Alaskans,” McAdams said.
“Well, right now we know that the Alaska Democratic Party and Alaska Republican Party is going to fight to make sure we have a fair election -- that's the same thing Joe Miller has been advocating all along, that's what we want,” said Miller campaign spokesperson Robert Campbell.
“We're not going to spend our time worrying about things that are out of our control right now -- we are solely focused on Nov. 2 and getting as many people out to vote as possible,” said Murkowski campaign spokesperson Steve Wackowski. “Obviously, we're pleased that the Supreme Court upheld the decision of the Alaska Division of Elections.”
The state Department of Law would not comment on the stay Wednesday night, except to say that it’s reviewing the Supreme Court’s order.
Chief Justice Walter Carpeneti did not participate in the decision.
Contact Jason Lamb at jlamb@ktuu.com and Lori Tipton at ltipton@ktuu.com
