Doc Drop: Unlike Murkowski, AK Judge Pfiffner Respects The Law

Update: Here's the subsequent stay by the AK Supreme Court.

Superior Court Judge Frank Pfiffner's complete ruling in pdf below. This would have been the first time Alaska's Division of Elections provided voters write-in assistance and information about who to vote for - a clear violation of Alaska voting regulations. Imagine that.

Fortunately, Judge Pfiffner still respects the law, unlike Murkowski. She has now repeatedly demonstrated that she sees the Constitution as an impediment to her preferred style of governance.

Dealing a setback to the write-in Senate campaign of incumbent Sen. Lisa Murkowski, an Alaska superior-court judge ruled today that election workers can’t provide lists of write-in candidates to voters on Election Day, calling it a “clear violation” of Alaska regulations.

Judge Frank Pfiffner granted a temporary restraining order barring workers from posting write-in candidates’ names or verbally providing voters with names within 200 feet of a polling place. Workers have already been providing the names during the early-voting process.

Download Superior Court Decision 10-27-10

Comments

[T]

UPDATE DAN: THEY REVERSED THE DECISION: High court blocks write-in list decision

By ERIKA BOLSTAD
ebolstad@adn.com

(10/27/10 19:56:05)

The Alaska Supreme Court has reversed today's lower court decision that would have required the state Division of Elections to remove a list of certified write-in candidates from polling places statewide.

Voters who ask for it can still be shown the list of write-in candidates, the court ruled. However, the list can't include the party affiliation of the write-in candidates. And the ballot of any voter who asks for the list will be segregated from those of other voters, pending any additional appeals, according to the ruling.

The original order issued Wednesday morning by State Superior Court Judge Frank Pfiffner's not only kept the state from providing the list but also forbid poll workers from providing to voters the names of any write-in candidates.

The state appealed the decision to the Alaska Supreme Court, which ruled late Wednesday. The Supreme Court has given the state Democratic and Republican parties until 3 p.m. Thursday to file a response to the state's request that the Supreme Court review Pfiffner's decision.

The Division of Elections has been providing early voters who ask for assistance a list of all write-in candidates, and in one case actually posted the list at an early-voting location in Homer. The division had argued that it drew up the list because it anticipated an unusual number of questions about Sen. Lisa Murkowski's write-in bid. The Alaska Democratic Party sued the state, asking it to drop the list at polling places, and the Alaska Republican Party joined the suit.

Both political parties said the lists, which have been distributed to polling places statewide, are a considerable change from the state's previous write-in practices. It directly violated a state regulation that forbids allowing any information about write-in candidates at the polling place or within 200 feet of its entrance, the judge noted.

Pfiffner said earlier today that the division's argument "rings hollow" in light of its past practices.

"If it were important 'assistance' for the division to provide voters with lists of write-in candidates, then the division has been asleep at the switch for the past 50 years. The division first developed the need for a write-in candidate list 12 days ago."

The order had been considered a blow to Murkowsi's write-in campaign, which had joined the state Division of Elections in fighting efforts to do away with the list. Murkowski is taking on Republican Joe Miller and Democrat Scott McAdams in Tuesday's election. The Alaska Federation of Natives, which also backs Murkowski, had also joined the state and the Murkowski campaign in fighting to keep the write-in list at the polls.

Murkowski's campaign manager, Kevin Sweeney, said in a statement that the campaign believes the political parties are trying to "disenfranchise Alaskans and limit votes from those who ask for assistance with the process."

"We remain confident that Alaskans who want to vote for Lisa Murkowski by filling in the oval and writing in her name will not be deterred," Sweeney said.

The Alaska Republican Party, which joined Democrats in asking that the lists be removed, argued that the lists cheapen an established primary election process designed specifically to narrow the list of candidates. Murkowski, a fellow Republican who launched her write-in bid after losing the August primary to Miller, had drawn criticism from his supporters for saying before the primary that she would honor the decision of GOP voters and stand with the party nominee.

http://www.adn.com/2010/10/27/v-printer/1521270/judge-blocks-distribution-of-write.html

[Dan Riehl]

it didnt reverse anything, it stayed it. That's a different thing.

[T]

Thanks, I am an Alaskan and I can't tell you how pissed off I am about the whole thing.

I've watched my former Governor get railroaded for taking on the Good Old Boys/Corrupt Bastard's Club and frankly, Alaska's corrupt politics for too long.

I feel like I've been living in Chicago these last couple of years with the escalation of deceit from both Alaskan Republican Party and the Democrats.

The chairman of the Alaskan Republican Party, Randy Ruedrich, was the one who insisted the Senators allow Lisa to retain her position on the Energy Committee.

Can't wait to hear my buddy Mark Levin's take on this tomorrow.

I want to personally thank you for your efforts in reporting the truth about Joe Miller. As you know he not only has to battle the Democrat Party (including Lisa), but the Alaska Media (actually CA McClatchy Group) is against him.

You are appreciated more than you know.

[barfo]

Joe Miller is the only Alaska Senate candidate who has committed voter fraud...

[Thane Eichenauer]

In Arizona the government is required to post a list of all write in candidates at the polling place.

[FenelonSpoke]

I am not from Alaska, but as a long distance observer, I find what Murkowski has done absolutely contemptible. Can anyone seriously take the word of a loser who didn't accept the will of the voters and think that she has any interest in serving the people of her state? Then she trashes the service record of Miller. I hope she gets booted out on her entitled, selfish backside.

[T]

Hey barfbag, back up your accusation. You made a claim that "Joe" committed voter fraud...... I want the proof. Or is this more of the same from the obama OFA crap you idiots throw hoping it sticks?

How about all the death threats made against Joe Miller? How about the death threats made against DropZone?

The Leftest have lost their freaking minds. You people are seriously unhinged.

[Sharon]

T, it's just barfo. Next he'll post something disgusting about kids. That's just what the loser does. Ignore him and maybe he'll crawl back under a rock.

[barfo]

"Hey barfbag, back up your accusation. You made a claim that "Joe" committed voter fraud"

"An assistant borough attorney who was acting attorney at the time, Jill Dolan, said in a partially redacted memo that Miller admitted to using colleagues' computers "so an opinion poll would have different URLs.""

http://www.google.com/hostednews/ap/article/ALeqM5gfljDon4JL-8VX9x65nvlnu4zQBQ?docId=7fb502a6a74c4e91a3bd0ea14545f00d

[J]

Riggin and OPINION poll is voter fraud how, exactlly

[barfo]

How is voting multiple times by illegally using colleagues' computers not voter fraud?

[J]

Ahhhh, no, it isn`t, it was an O-P-I-N-I-O-N pole, in otherwords, it had nothing to do with actuall voting

[barfo]

J,

I think such a fine distinction/rationalization/weasel will be lost on the voters of Alaska next Tuesday.

[Moobs]

this is rich coming from someone who tries to jutify acorn you little obot

[Moobs]

justify*

not only that it is ironic that barfturd screams voter fraud when he tries to whitewash the military not getting their votes counted