Judge Rules Against AK Ballot Access Case

An Alaska State Court Judge, on Friday, Ruled that Elections Officials cannot Certify, the Results of the Mail Special Primary for the U.S. House, until Visually Impaired Voters “are provided a full and fair opportunity to participate” in the Election.

Superior Court Judge Una Gandbhir, in her written Order, did Not say what exactly that would entail. The Special Primary is on Saturday and the State had set June 25th as the target for Certification. She wrote that she strongly urges the Parties to work together "expeditiously to find a timely, appropriate remedy.”

The Alaska Department of Law, was working on an Emergency Petition for Review to the Alaska Supreme Court, asking the Court to Reverse the Injunction, Spokesperson Patty Sullivan said by email.

The Ruling followed arguments earlier in the day, in a Case filed earlier this week by Robert Corbisier, Executive Director of the Alaska State Commission for Human Rights. Corbisier Sued State Elections Officials on behalf of a Person identified as B.L., a Registered Voter in Anchorage with a Visual Impairment.

Attorneys for Corbisier had asked Gandbhir, to Prevent Election Officials from Certifying the Results of the Special Primary until Measures are Enacted that ensure that Voters with Visual Impairments “are given a full and fair opportunity to cast their votes independently, secretly and privately.” They argued that the by-Mail Special Primary discriminates against Voters with Visual impairments.

Attorneys for State Elections Officials countered, that adequate Methods for Secret Voting are available for Voters with Visual Impairments.

There would be Cascading effects if Certification were Delayed, including the potential for an August Special Election to be Postponed, Attorneys for the State argued.

The Special Primary is part of a Set of Elections that will Determine who Serves the Remainder of late U.S. Rep. Don Young’s Term, which Expires in January. Young died in March.

The Special Primary features 48 Candidates. Each Voter picks One Candidate. The Four Candidates with the most Votes, will advance to the Special Election, in which Ranked-Choice-Voting (RCV) will be used.

The Winner of that Contest will serve out Young’s Term.

The State has planned to have the Special Election coincide with the Regular Primary on Aug. 16th.










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