DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 w. FOURTH AVENUE, SUITE 200 ANCHORAGE. 99501 PHONE (907) 259-5100 0 anc.1aw.ecf@alaska.gov IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ALYSE GALVIN, Plaintiff, v. STATE OF ALASKA, DIVISION OF Case No. 3AN-20-07991 CI ELECTIONS, and Gail Fenumiai, Director of the Division of Elections, Defendants. OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING INJUNCTION The defendants, Gail Fenumiai and the Alaska Division of Elections, (collectively ?the State? or ?the Division?) urge this Court to immediately lift the temporary restraining order issued today and con?rm that the Division may mail general election ballots to uniformed and overseas voters on Friday, September 18, so as to comply with the requirements of federal law. The Division further asks this Court to deny Galvin?s request for a preliminary injunction ordering the Division to reprint the general election ballots for two reasons: ?rst, the potential harm to the State (and all Alaskans) of such an injunction can hardly be overstated because it threatens to derail the entire general election, possibly disenfranchising many thousands of voters. Second, Galvin has not shown the probability of success on the merits necessary to justify the draconian relief she requests?with its potentially catastrophic consequences for the election. To the contrary, Galvin?s legal claims do not even raise ?substantial questions? DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269-5100 that would justify an injunction if the defendants could be adequately protected (which, here, they cannot). Therefore, the State asks the Court to deny Galvin?s motion for preliminary injunction and immediately lift the restraining order entered against the State.1 BACKGROUND 1. Facts. The plaintiff, Alyse Galvin, is a registered ?non-partisan? voter, but ran in the Democratic primary and became the Democratic nominee for Alaska?s seat in the United States House of Representatives. [Complaint at 1 2] The Division of Elections ?nalized the design of the general election ballot, specifying how candidate names and party af?liations would be listed, on June 8, 2020. [See Ex. - Af?davit of Gail Fenumiai at 11 2] The ballot has two pieces of information about each candidate: (1) their name and (2) either the name of the party that nominated them or the fact that they reached the ballot through a nominating petition. [Ex. A at 1] This design is consistent with the Division?s longstanding practice of providing only one identi?er for candidates on the general election ballot?either the political party that nominated them or the term ?unaf?liated? or terms that indicate that no party nominated the candidate; neither of which is a voter registration status. [Ex2-7] The design decision was guided by this historical practice, the statutory goals of ?fairness, Although the TRO technically enjoins only printing of ballots, the State requests con?rmation that it may mail already-printed ballots to uniformed and overseas voters on Friday, September 18. Galvin v. enumiai, et Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 2 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501 PHONE (907) 269-5100 simplicity, and clarity in the voting procedure,?2 and the direction of the Alaska Supreme Court in State v. Alaska Democratic Party that the general election ballot, the State could simply print the nominating party?s name next to the candidate?s name.?3 [Ex. at 1 5] The Division of Elections sent the artwork?the ballot design with candidates? names inserted? for the 47 versions of the general election ballot to the printer on September 5. This was the earliest day that the Division could send the ballot designs to the printer because it must wait ?ve days after ?nal certi?cation of the primary election result, when the deadline to request a recount had passed (meaning that the names of all the primary winners were known and the ballot could be ?nalized). [Ex. at 1] 2] The Division posted the sample ballot on its website on September 10. By September 15, 800,000 ballots, including all 47 different versions, had been printed. [Ex. at 1] 2] The ?rst ballots are scheduled to be mailed out to uniformed and overseas voters on September 18, which is necessary to comply with the federal deadline in the Uniformed and Overseas Citizens Absentee Voting Act, (UOCAVA), 52 U.S.C. 20302. [Ex. at 1] 9] The Division plans to begin sending absentee ballots out to the more than 70,000 voters who have already requested them beginning in late September; and early voting begins on October 19. [Ex. at 11 9] 2 AS 15.15.030. 3 426 P.3d 901, 913 (Alaska 2018). Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 3 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE. ALASKA 99501 PHON (907) 269-5100 11. Proceedings. Galvin ?led suit on September 15, asserting that the Division?s design violates AS 15.15.030(5) and her constitutional right to association and asking this Court for an injunction ordering the State to reprint the general election ballots to include her personal voter registration status in addition to her nominating party. [Complaint at 14- 15] Her complaint also makes serious, unfounded factual allegations about the Division?s motives in designing the ballot: she claims that the Division ?omitted? Galvin?s voter registration status in order to ?inappropriately affect the outcome of the election,? and mislead voters by depriving them of ?essential information? about how Galvin ?self-identi?es? as a voter. [Complaint at 111] 21, 27] She further claims that the Division purposely sought to avoid a court challenge by making and announcing this purported ?eleventh hour decision? only days before the deadline to mail ballots to overseas service personnel and civilian voters. [Complaint at W19, 21] This Court held an expedited hearing the following morning and then issued a temporary restraining order this morning, September 17, enjoining the State ?from printing ballots that do not include candidates? voter registration affiliation.? [Order at 4] But as explained above, general election ballots have already been printed. What the State urgently needs to know now is whether this Court will enjoin mailing those ballots to UOCAVA voters on Friday as required by federal law and further require the State to reprint 800,000 general election ballots. Notably, the Division was contacted this morning by attorneys from the United States Department of Justice, who had Galvin v. enumz?ai, et 01. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 4 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269-5100 0 independently become aware that this litigation jeopardizes the State?s ability to comply with UOCAVA and requested ?an update if possible.? [Ex. Because this Court?s order requesting additional brie?ng and setting another hearing for September 18 does not allow suf?cient time for the State to obtain review of an adverse decision before the UOCAVA deadline, the State has also petitioned for expedited review of the TRO by the Alaska Supreme Court. ARGUMENT I. Legal standard for a preliminary injunction. Preliminary injunctions are extraordinary remedies that should be infrequently granted. The Alaska Supreme Court has called preliminary injunctions ?harsh remedies? that are only used to ?preserve the status quo? when necessary to prevent ?the irreparable loss of rights before judgment.?4 Under Alaska law, a ?[p]laintiff may obtain a preliminary injunction by meeting either the balance of hardships or the probable success on the merits standard.?5 The balance of hardships standard applies when the plaintiff establishes three factors: (1) the plaintiff is faced with irreparable harm; (2) the opposing party is adequately protected; and (3) the plaintiff raises ?serious and substantial questions going to the merits of the case.?6 A plaintiff can meet this standard ?only where the injury which will 4 Martin v. Coastal Vills. Region Fund, 156 P.3d 1121, 1126 n.4 (Alaska 2007) (quoting United States v. Guess, 390 F.Supp.2d 979, 984 (SD. Cal. 2005)). 5 Alsworth v. Seybert, 323 P.3d 47, 54 (Alaska 2014). 6 Id. at 54. Galvin v. Fenumiaf, et at. Case No. CI Opp. to Mot. for TRO/Prelim. Inj. Page 5 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501 PHONE: (907) 269-5100 0 result from . . . the preliminary injunction can be indemni?ed by a bond or Where it is relatively slight in comparison to the injury which the person seeking the injunction will suffer if the injunction is not granted.?7 When the opposing party?s interests cannot be adequately protected in the face of an injunction, the plaintiff must satisfy a much higher burden to obtain one by making a ?clear showing of probable success on the merits.?8 In assessing the relative hardships to each party, the Court is required to ?[a]ssume the plaintiff will ultimately prevail when assessing the irreparable harm to the plaintiff absent the injunction,? and also, conversely, ?[a]ssume the defendant ultimately will prevail when assessing the harm to the defendant from the injunction.?9 II. The harm to the State?and all Alaskans?of the requested injunction is so serious?and Galvin?s harm so slight?that this Court should deny the motion under any standard. The Division of Elections is responsible for the smooth and ef?cient conduct of the general election. Galvin vastly understates the harm to the Division?and all Alaskans?of the injunction she requests, given that it has already printed 800,000 ballots and must begin mailing them on Friday, September 18, in order to comply with federal law. But more important than this immediate deadline is the fact that it simply 7 State v. Klutt' Kaah Native Vill. 0f Cooper Center, 831 P.2d 1270, 1273 (Alaska 1992) (quoting State v. United Cook Inlet Dry? Ass ?11, 815 P.2d 378, 378-79 (Alaska 1991)). 8 See, Mtsyura v. Mtsyura, 244 P.3d 519, 521-22 (Alaska 2010) however, the plaintiff?s threatened harm is less than irreparable or if the opposing party cannot be adequately protected, then we demand of the plaintiff the heightened standard of a clear showing of probable success on the merits?) (quoting State, Div. of Elections v. Meteatfe, 110 P.3d 976, 978 (Alaska 2005)). 9 Id. Galvin v. Fenumtaz?, et at. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 6 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE, ALASKA 99501 PHONE {907) 269 5100 0 may not be possible for the Division to reprint the ballots for the general election and reprogram voting machines to reach them in time to send absentee ballots out and initiate early voting on October 19.10 Because of this, even if this Court ?nds that either AS 15.15.030(5) or the Alaska Constitution requires the Division to include a candidate?s personal voter registration information on the ballot?which it should not?? the Court should grant only prospective relief, because the requested injunction could derail the entire 2020 general election. First, the Division cannot print new ballots and prepare them for mailing in time to meet the UOCAVA deadline,? which requires certain ballots to be mailed 45 days in advance of the general election, i.e. by Saturday, September 19, 2020. So if the Court upholds the superior court?s TRO, the State will be unable to avoid violating federal law. The Department of Justice has already contacted the Division regarding this danger. More importantly, the UOCAVA deadline exists to ensure that overseas voters receive and return ballots in time for them to be counted. Delay in sending those ballots could disenfranchise those voters. Second, the Division has already printed 800,000 ballots, programmed and tested the scanners on the voting machines, and sent those machines to the regional of?ces. [Ex. at 2-3, 7] Changing the ballot would require this entire process to begin again. '0 See AS (providing that ?a quali?ed voter may apply in person for an absentee ballot . . . on or after the 15th day before an election up to and including the date of the election). 52 U.S.C. 20302. See also Ex. at 111] 10-11, 16. Galvin v. Ferzumiai, et al. Case No. CI Opp. to Mot. for TRO/Prelim. Inj. Page 7 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269 5100 Redesigning and proo?ng new ballots would take several days because there are 47 different ballots that are required for the general election. [Ex. at1l1l 2, 12] And although the existing ballots were printed in ten days, the printer had notice of the job and was thus able to obtain in advance the special ballot paper and additional staff necessary to accomplish this. The printer has approximately half the paper necessary to reprint all the ballots and believes it could obtain more from Seattle, but the paper would take a week to arrive. [Ex. at 1] 16] And the printer is not certain that it could rehire the necessary staff to reprint ballots as quickly as it did earlier. The Division plans to begin mailing absentee ballots before the end of September, and ballots and election supplies are distributed about three weeks before election day so that early voting and absentee in-person voting can begin 15 days in advance of the election.12 Given these deadlines, the Division may not be able to reprint the ballots in time to ensure that they get to absentee voters and to polling places in time for the election. And that is not the only problem. Third, in addition to reprinting the ballots, the voting machines will have to be reprogrammed and retested. Reprogramming can occur only in Juneau, where the necessary staff and the main server are located, so the machines would ?rst have to be returned to Juneau ?om the regional of?ces where they are now located, and would have to be reprogrammed and then sent back out to the regional of?ces. Two rounds of testing have been conducted, each one taking four or ?ve days. [Ex15.20.061 and AS 15.20.064. Galvin v. Fenumiai, et 01. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 8 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269-5100 0 machines then need to be sent out to polling places across the State, some of which are extremely remote. There is no way to predict whether the Division could repeat the programming and testing process and get the machines out to polling places before November 3. The Division is already faced with the dif?cult task of running an election in the midst of a pandemic, with a vastly increased number of absentee ballots requested?and is running the REAA election in early October in a number of places also. Ordering the Division at this point to reprint ballots and reprogram and test voting machines threatens to turn this election into a debacle. By contrast, Galvin?s harm is slight. Although she may prefer that her personal voter registration status is included on the general election ballot, the ballot is far from the only means by which candidates communicate their party preferences and policy positions to voters. The Of?cial Election Pamphlet sent to every voter household in Alaska,'3 contains candidate?s campaign statements and a list of candidates and the party designation that they included with their candidacy ?ling nonpartisan, undeclared, Republican, Democrat, etc.) [Ex. The absence of her personal voter registration status on the ballot does not prevent Galvin from communicating that status to voters in the myriad different ways that candidates campaign for election. However important this Court ?nds Galvin?s interest in communicating to voters her non-partisan status alongside her identity as the Democratic Party?s nominee, it '3 See AS 15.58.010. Galvin v. Fenumiaz', et at. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 9 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501 PHONE (907) 269-5100 0 cannot outweigh the State?s and all Alaskans? interest in avoiding the wholesale disenfranchisement of voters that could occur if ballots do not reach voters in time and/or if voting machines fail on election day. And, if the Court seeks an alternative, less damaging remedy, it could instead order the Division to send out supplemental information to every registered voter providing the names of all the candidates and their registered party af?liation or other voter registration status. [Ex. at 1] 19] The Division could also put up additional signage at polling places. [Ex. at 1] 19] Such remedies would avoid the potential for an election disaster. Galvin cannot establish a probability of success on the merits because her legal claims lack merit. This Court should deny Galvin?s request for a preliminary injunction not just because of the unprecedented impact it could have on this year?s general election, but also because she has failed to demonstrate the requisite probability of success on the merits to justify an injunction. Indeed, she cannot even establish the lower threshold of ?substantial questions? because her claims lack any merit. A. The ballot design is consistent with the Division?s reasonable and longstanding interpretation of the ballot design statute. Galvin?s ?rst claim is that the ballot design violates AS which instructs that ?[t]he names of the candidates and their party designations shall be placed in separate sections on the state general election ballot under the of?ce designation to which they were nominated. The party af?liation, if any, shall be designated after the name of the candidate.? The Division interprets ?party af?liation? in this statute to mean Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 10 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE, ALASKA 99501 PHONE: (907) 269-51 00 the way in which a candidate reached the general election ballot; thus the ballot properly describes Galvin as the Democratic nominee. Galvin argues that because the statute uses two different terms??party designation? and ?party af?liation? ?it ?clearly contemplates two party indicators when applicable,? thus requiring the Division to list both her voter registration (?Non-Partisan?) and the way she reached the ballot. [Mot for TRO at 3] But this cannot be right. This is because historically, a candidate could not have a party af?liation that differed from her personal voter registration status. Until the Alaska Supreme Court?s decision in State v. Alaska Democratic Party, no candidate could have had two different party indicators,l4 so the Legislature cannot have contemplated mandating two distinct identi?ers when it drafted this statute. The statute?s second sentence can therefore only be understood as a positional directive: the party information should be placed ?a?er the name of the candidate? rather than before it. This interpretation is con?rmed when one considers the legislative history of the ballot preparation statute. The original version of the statute, enacted in 1960, mandated a party column format: The general election ballot shall be printed on white paper with the names of candidates placed in separate columns for each political party as indicated by column headings. Candidates shall be grouped according to of?ces, with each of?ce except the secretary of state, having a separate .The left column shall be that of the political party receiving the largest vote at the preceding ?4 Although AS party af?liation statute invalidated in Alaska Democratic Party?was not enacted until 1980, see 126 ch. 100 SLA 1980, before then, the statute required a declaration of party candidacy to ?state in substance that the candidate if nominated and elected will support the principles of the party he seeks to 5.04 ch. 83 SLA 1960. Galvin v. enumz?az?, et at. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 11 of 23 DEPARTMENT OF LAW OFFICE OF THE GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE, ALASKA 99501 PHONE (907) 269-5100 0 general election. Provision shall be made for voting for write-in and no-party candidates.ls Thus, the original ballot format indicated a candidate?s party association by placing the candidate?s name in the party?s column. The legislature scrapped this party column format when it adopted the current language in 1962,16 so it included the second sentence to explain where the candidate?s party information should go on the ballot now that the ballot would no longer have separate columns for the parties. But the legislature did not contemplate that a candidate could have two different party designations or af?liations, because the statutes did not permit this at the time. Even if Galvin?s reading of the statute could be correct such that ?party af?liation? could mean something different from ?party designation,? Galvin?s only party af?liation?as the Democratic Nominee?is included in the ballot. Her personal voter registration??Non-Partisan??is not a ?party af?liation.? The statute?s plain language indicates that ?party af?liation? means af?liation with a political party. This is clear because AS 15.15.030(5) expressly contemplates that a candidate might not have a party a?ilz?ation. The key language here is the ?party af?liation, Jan)?, shall be designated after the name of the candidate.? But if ?party af?liation? in this sentence means the candidate?s voter registration status?even if the candidate is registered as nonpartisan or undeclared?then a candidate would always ?5 3.03 Ch. 33 SLA 1960. [Ex. '6 See 6 ch. 125 SLA 1962. [Ex. Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TKO/Prelim. Inj. Page 12 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269-5100 0 have a party af?liation. So the statutory language only makes sense if ?party af?liation? denotes the candidate?s nominating party, ?if any.? This interpretation is further con?rmed because AS 15.15.030(5) also directs that ?[p]rovision shall be made for voting for write-in and no-party candidates within each section?? In other words, it treats ?no-party? candidates, like those registered as ?nonpartisan,? separately and does not require any particular information about them to be included on the ballot. Galvin is registered as ?non-partisan,? and the only ?party af?liation? she has is with the Democratic Party as its nominee. Otherwise, she would be a ?no-party candidate,? to whom the direction of the ?rst two sentences of AS 15.15.030(5) would not apply at all. In Alaska Democratic Party, the Court invalidated the requirement that a candidate be registered to vote as a member of a party before seeking that party?s nomination?thus creating the possibility that a candidate might be both the Democratic nominee and registered ?Non-Partisan??but the decision did not change the meaning of other statutes. Nor did it create a new statutory mandate on the Division where none previously existed. Alaska Statute 15.15.030(5) can thus only be read to require that a candidate?s party af?liation be placed ?after the name of the candidate,? not before. Contrary to Galvin?s claims, the Division has long interpreted ?party af?liation? in AS 15.15.030(5) to mean the way in which a candidate reached the general election ballot, not the candidate?s personal voter registration. [See Ex15.15.030(5) (emphasis added). Galvin v. enumt'af, er al. Case No. CI Opp. to Mot. for TRO/Prelim. Inj. Page 13 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269 5100 0 example, on the 2016 ballot, in the race for United States Senator, the three candidates who won party primaries?Ray Metcalfe, Joe Miller, and Lisa Murkowski?had their parties? names?Democrat, Libertarian, and Republican?printed next to their names. The three petition candidates?Margaret Stock, Breck Craig, and Ted Gianoutsos? each had the term ?Non Af?liated? printed next to their names, indicating that they had reached the ballot through a nominating petition rather than by af?liating with a party. [See ExSigni?cantly, ?Non Af?liated? is not an option for voters to select on their voter registration form's?it is a term that the Division uses solely to mean that the candidate did not reach the ballot via a party primary. The Division did not also include the candidate?s personal voter registration on the ballot, despite the additional information that it might have provided to voters. Thus, the 2020 ballot design is consistent with AS 15.15.030(5) and the Division?s historical interpretation and application of that statute. In her complaint, Galvin emphasizes the fact that the 2018 general election ballot included both the candidates? personal voter registration and a separate indicator of their route to the ballot. She suggests that the 2020 general election ballot was a sudden departure from a consistent practice or interpretation of AS But a single example?the 2018 general election ballot?does not constitute a consistent practice. And Galvin disregards the reality that the 2018 general election ballot was designed in the midst of the Alaska Democratic Party litigation. Although the Supreme Court issued ?3 See AS 15.07.075. Galvin v. Fenumiaz', et a1. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 14 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269-5100 0 an ordering af?rming the superior court and invalidating the party membership statute on April 4, 2018, that order did not address ballot design, even though the State had raised concerns about the issue. The Division thus had to design the ballot Without the bene?t of the Court?s opinion, which did not issue until August 24, 2018, just a few weeks before the general election ballot had to be sent to the printer. [See Ex. at1 113, 5; Exh. Galvin notes that the State argued in Alaska Democratic Party that its current ballot design would be confusing, but the State?s argument in that case was that any possible ballot design including the 2018 general election ballot design?would be confusing if a party?s nominee was not registered with the party.19 The Court, however, rejected the State?s voter confusion concerns.20 And the Court said that the very ballot design employed here would be valid.2 At any rate, the 2018 general election ballot was a departure from Division practice, born of a unique set of circumstances, and does not represent the Division?s interpretation of what AS 15.15.030(5) requires. Galvin?s further observation that the primary election ballots in 2018 and 2020 listed the candidates? voter registration status and identi?ed the primary in which a candidate was competing is irrelevant for two reasons. First, AS 15.15.030(5) applies only to the general election ballot by its plain terms. Second, in the context of the ?9 See 426 P.3d at 913. 20 Id. 2' Id. (?On the general election ballot, the State could simply print the nominating party?s name next to the candidate?s name?). Galvin v. Fenumiai, et a1. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 15 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE, ALASKA 99501 PHONE (907) 269-5100 0 primary, both pieces of information are needed to comply with the directive of AS 15.15.030 to ?prepare all of?cial ballots to facilitate fairness, simplicity, and clarity in the voting procedure,? given the requirements that (1) parties be allowed to share a combined primary ballot (as mandated by Green Party of Alaska)22 and that (2) parties be allowed to permit candidates who are not registered party members to run in their primaries (as mandated by Alaska Democratic Party). Without the party primary label, voters may not know which party?s primary they are voting in because multiple parties are sharing a primary ballot. And without the candidate?s voter registration, voters are likely to be misled into thinking that candidates running in a party?s primary are party members. These considerations do not exist for the general election ballot. Identifying Galvin as the Democratic nominee is not misleading because she is the Democratic nominee?notably, the ballot does not identify her as a ?Democrat.? The general election ballot also involves a countervailing concern: identifying the personal voter registrations of candidates on the general election ballot might imply a party endorsement in situations where none exists, which is not an issue in a primary. The Division?s interpretation of AS 15.15.030(5) is thus reasonable and consistent with the legislative history and past practice. Thus, Galvin is unlikely to succeed on the merits of her statutory claim. 22 State, Div. of Elections v. Green Party of Alaska, 118 P.3d 1054 (Alaska 2005). Galvin v. Fenumiai, et a1. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 16 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501 PHONE (907) 269-5100 B. The ballot design is constitutional because candidates have no associational right to have particular information printed on the ballot. Galvin?s second claim is that the ballot design violates her constitutional freedom of association. But although Galvin and the voters whose support she seeks certainly have the right to freely associate with each other, the Division?s ballot design does not burden that associational right at all, let alone injure it to an unconstitutional degree. The Court has recognized that ?states must be granted some leeway? in running elections and has adopted the U.S. Supreme Court's ??exible standard? for examining election laws, which ?involves a careful balancing? of interests.23 Under this Court's formulation of the test, it must (1) ?determine whether the claimant has in fact asserted a constitutionally protected right,? (2) ?assess ?the character and magnitude of the asserted injury to the rights,? (3) ?weigh ?the precise interests put forward by the State as justi?cations for the burden imposed by its rule,?? and (4) ?judge the ?t between the challenged legislation and the state?s interests in order to determine ?the extent to which those interests make it necessary to burden the plaintiff?s rights.??24 Galvin?s constitutional claim fails on the ?rst and second prongs of this test: she has not identified any ?constitutionally protected right? that is injured or burdened. Galvin?s motion for a TRO asserted that the Division?s ballot design ?impinge[s] upon Galvin?s constitutionally-protected right to associate politically as a voter as well as 23 Green Party of Alaska, 118 P.3d at 1059-60. 24 Id. at 1061. Galvin v. Fenumiai, er al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 17 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE, ALASKA 99501 PHONE: (907) 259-5100 through her party nomination,? and ?burden[s] the associational rights of the non- partisan and independent Alaska voters who support Galvin, or who prefer to support other non-partisan or unaf?liated candidates.? [Mot. at 5] But her motion offered no explanation whatsoever of this burden. In fact, there is none: Galvin?s name is on the general election ballot, she remains free to seek (and receive) the votes of any voters she wants, and she may campaign for those votes in any way she wishes. She does not identify anyone with whom she has been prevented from associating. This case is thus unlike the many state and federal associational rights cases in which candidates were denied ballot access25 or parties were denied the freedom to associate with candidates26 or voters.? In Alaska Democratic Party, for example, candidates were prevented from running in a party?s primary, and thus prevented from associating with the party?s voters (and the party was likewise prevented from associating with those candidates).28 Here, by contrast, Galvin and voters are not 25 See, Vogler v. Miller, 651 P.2d 1, 6 (Alaska 1982) (striking down a statute denying ballot access to a candidate, observing that ballot access restrictions impinge on the associational rights of candidates and voters). 26 See, Eu v. San Francisco Cty. Democratic Cent. Comm, 489 U.S. 214, 229, (1989) (striking down a statute banning political parties from associating with candidates by endorsing them in a primary election). 27 See, e. Tashjian v. Republican Party of Connecticut, 479 U.S. 208, 229 (1986) (striking down a closed primary statute that prevented parties from associating with undeclared voters by letting them vote in their primaries); Green Party, 118 P.3d at 1070 (striking down prohibition on combined party primary ballots that prevented parties from associating with voters of other parties by preventing voters from voting in different political parties? primaries for different political of?ces). 28 See 426 P.3d at 906 (?The Democratic Party amended its bylaws to allow independent voters to participate as candidates in its primary elections. The Democratic Galvin v. Fenumiai, et a1. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 18 of 23 DEPARTMENT OF OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501 PHONE (907) 269-5100 prevented from associating with each other, nor has Galvin been prevented from associating with the Democratic Party. There is no cognizable burden on Galvin?s freedom of association. Galvin?s complaint claims that her ?personal voter registration af?liation as Non- Partisan, and formerly as Undeclared, has been an important part of her identity, her campaign platform, and her relationship with her supporters.? [Complaint at 1129] But that does not mean that she has a constitutional right to have this information printed on the ballot. There are doubtless many facts about Galvin that are important to her identity, her campaign platform, and her relationship with supporters: for example, her professional experience and her positions on major policy issues. These are matters that Galvin may communicate to voters through her campaign. But the ballot is not a forum for Galvin?s campaign expression, so the Division does not infringe on her rights simply by failing to include information that she considers important to her campaign.29 Galvin?s complaint further claims that ?[o]mitting Galvin?s personal voter registration af?liation from the ballot will mislead voters by wrongly suggesting that Galvin?s personal voter registration af?liation is Democratic.? [Complaint at 1130] But the ballot provides only the entirely accurate piece of information that Galvin is the Party petitioned the Division of Elections to allow these candidacies, but the Division denied the request because it con?icted with the party af?liation 29 Cf. Rubin v. City of Santa Monica, 308 F.3d 1008, 1016 (9th Cir. 2002) (?While there is no denying the importance of a ballot, the Supreme Court has recognized that ?[b]allots serve primarily to elect candidates, not as forums for political expression.? A ballot is a ballot, not a bumper sticker.?) (quoting immons v. Twin Cities Area New Party, 520 US. 351, 363 (1997)). Galvin v. Fenumiai, et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TKO/Prelim. Inj. Page 19 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501 PHONE (907) 269-5100 0 Democratic Party?s nominee?i.e., the reason Galvin?s name is on the general election ballot is because she ran for, and won, the Democratic Party?s nomination. This is the same simple and accurate piece of information that the Division has historically included for all candidates on the general election ballot.30 The Alaska Supreme Court rejected essentially the same voter confusion concern that Galvin now raises when the Division raised it in Alaska Democratic Party.? In that case, the Division argued that allowing a candidate who is not registered with a party to run in that party?s primary would result in a confusing general election ballot no matter how the ballot was designed?whether the ballot listed the candidate?s nominating party, her voter registration, or both.32 But the Court disagreed that voter confusion would be a problem, and in doing so it explicitly authorized the ballot design that the Division chose here: On the primary election ballot, the State could simply print next to each candidate?s name the political party whose primary election the candidate is running in. On the general election ballot, the State could simply print the nominating party?s name next to the candidate?s name.33 In explaining its lack of concem about voter confusion, the Court observed that there are many means by which voters can learn about the views of a candidate who is a party nominee but not a registered party member, including the election pamphlet: 30 See supra discussion of Galvin?s statutory claim. 3' See 426 P.3d at 913. 32 Id. 33 Id. at 913. Galvin v. Fenumiai, et Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 20 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE, ALASKA 99501 PHONE (907) 269-5100 The candidate?s party af?liation as distinct from nominating party could be explained in the candidate?s statement in the general election pamphlet. The political party could also promote or distance its platform, tenets, and philosophy from a candidate?s through a paid advertisement in the pamphlet. And the State could choose to educate the public about new ballots through advertising or explanatory materials, such as the general election pamphlet.34 The outcome of the Court?s decision in Alaska Democratic Party is that candidates who are not registered to vote as Democrats are nonetheless free to associate with the Democratic Party by seeking (and winning) its nomination.35 But this does not mean that the Division is constitutionally required to try to explain to voters, via the ballot, why a candidate and a party have chosen to associate in this way, and the extent of their association. To the extent that voters might not understand the limits of Galvin?s association with the Democratic Party via its nomination, this is a matter for Galvin and the Democratic Party to explain to voters through their campaign materials. Because the Division?s ballot design does not burden either Galvin?s or voters? associational rights in any way, the Division need not offer any justi?cation to weigh against a burden. But to the extent the Court perceives a modest burden, it is justi?ed by the State?s interests. In the election context, the State?s important regulatory interests are generally suf?cient to justify reasonable, nondiscriminatory restrictions.?5 34 Id. 35 Id. at 915. 3'5 See Alaska Democratic Party, 426 P.3d at 909 (?modest or minimal burdens require only that the law is reasonable, non-discriminatory, and advances ?important regulatory Galvin v. Fenumiaz', et al. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 21 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 PHONE: (907) 269-5100 ANCHORAGE, ALASKA 99501 0 Here, the Division?s ballot design is neutral, generally applicable, and reasonable. For all candidates, the general election ballot identi?es the manner in which the candidate reached the ballot; the ballot does not identify any candidate?s personal voter registration. This design is consistent with historical practice, with the exception of the 2018 general election ballot that was prepared in the midst of ongoing litigation.? And this design makes sense: a candidate?s personal voter registration can change at any time, while the way in which the candidate quali?ed for the general election cannot change and explains to voters the presence of the candidate on the ballot. The design is supported by the Division?s reasonable desire to create a simple and manageable general election ballot that ?ts on the page and includes no more information than necessary.38 The ballot design is further supported by the Division?s reasonable desire to consider the associational rights of political parties. A ballot design that identi?es the personal voter registration of candidates on the general election ballot in the manner Galvin suggests might imply a party endorsement in situations where none exists? for example, if a registered Democrat reached the general election ballot via nominating petition rather than via the primary and then was listed on the ballot as a Democrat. Finally, in the current context, maintaining the ballot design rather than changing it at this late date is supported by the Division?s compelling interest in ensuring that the November 2020 general election can actually happen according to schedule. 37 See supra discussion of Galvin?s statutory claim. 38 Ex. at 111] 4-6, 18. Galvin v. Fenumz'az', et at. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 22 of 23 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE, SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269-5100 Galvin has thus failed to show that the Division?s ballot design burdens her associational rights at all, much less to an impermissible degree. II. Conclusion. This Court should deny Galvin?s motion for a preliminary injunction both because she has failed to establish a probability of success on the merits and because the impact of the requested injunction on the ability of the Division to conduct the election could be catastrophic. DATED September 17, 2020. CLYDE SNIFFEN, JR. ACTING ATTORNEY GENERAL HAW By: Margaret Paton-Walsh Alaska Bar No. 0411074 Laura Fox Alaska Bar No. 0905015 Assistant Attorneys General Galvin v. Fenumfai, et 01. Case No. 3AN-20-07991 CI Opp. to Mot. for TRO/Prelim. Inj. Page 23 of 23 ANCHORAGE BRANCH 10.3! W. FOURTH AVENUE. PHONE ?907! 260-5100 DEPAR OF LAW OFFICE OF THE GENERAL ANCHORAGE. ALASKA IN THE SUPREME COURT FOR THE STATE OF ALASKA STATE OF ALASKA, DIVISION OF ELECTIONS. and Gail Fenumiai, Director ol'the Division of Elections, Petitioners, ALYSE S. CALVIN, Respondent. Supreme Court NoTrial Court Case No. BAN-20437991 CI AFFIDAVIT 0F GAIL FENUMIAI IN SUPPORT OF PETITION FOR REVIEW STATE OF ALASKA FIRST JUDICIAL DISTRICT i SS. 1. I am the director of the Division of Elections for the State of Alaska, and I have personal knowledge of the matters in this declaration. I was ?rst appointed as director in January 2008 and had worked in the Division for approximately 10 years before my appointment. I ended my ?rst tenure as director in July 2015 and then was reappointed by Lieutenant Governor Kevin Meyer in January 2019. 2. The following is a general timeline of events for the 2020 election cycle leading up to the printing of 800,000 general election ballots and preparing for the general election: June 8, 2020 Division ?nalized the decision on how names and party af?liation would be listed on the general election ballot. Exhibit Page 1 of 9 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANC 103 FOURTH AVENUE, Ii-i'll ALASKA 995-34 PHONE 90?} 269-5100 - June 12, 2020 Division ?nalized the decision on how names and party af?liation would be listed or.- the primary election ballot. Between ul}, and September 7 Programming of the election project took place. The election project is needed to use the voting equipment, which involves creating the compact ?ash cards and USBs (media). for the general eiection ballots. - August 31 Final certi?cation of the primary election. The Division must wait ?ve days past certi?cation of the primary to send the artwork for general election ballots to the printer, when the time has passed for requests for a recount. . - September 5 -- General election ballot artwork sent to the printer. The printer sends back proofs and testing ballots as he prints. He prints test decks for the Division to use for the logic and accuracy test ?rst. and then of?cial and sample ballots. For the general election, Alaska has 47 different ballots. This is due to having a federal-only ballot (for overseas voters who qualify under AS 15.05.01 1), as well as districts that fall within multiplejudicial districts. So when the printer sends proofs, he is sending proofs for 47 different ballots. Starting September 10 and continuing through September Voting equipment is tested for accuracy for the general election ballot. This is ?rst done at the Director?s of?ce in Juneau, Alaska, and then the voting equipment is tested a second time (to ensure proper scanning State v. Atyse S. Galvin Supreme Court No. S- Af?davit of Gail Fenumiai Page 2 of9 Exhibit Page 2 of 9 DEPARTMENT OF 2? . I Lair-cg Egaes in uig?? z?zma MmZ-(o m-lf?l tgccujg mgr?Du: -0 '31 C009: *Zm?n. 04,34and identification of the house district ballots) at the regional offices, before being sent out to polling places. September 10 The Division posted the sample ballot on its website. By September 15 800,000 ballots, including 47 different versions, had been printed. By September To comply with federal law on absentee ballots for uniformed and overseas voters, ballots have to be sent to these voters 45 days in advance of the general election. Division also has to send ballots to a subset of voters under Alaska law that are known as ?State Advance? voters. The total combined for both of these for the 2020 general election is [.63 1. By September 18 Division plans to send the Of?ciai Election Pamphlet to the printer for printing so it can be distributed to all households with a registered voter not less than 22 days before the general election as required by AS 15.58.080. Week of September 28 Begin sending absentee ballots to voters who have requested them. October 19 Early voting starts. November 3 Date of the general election. Contrary to Galvin?s unfounded assertions in the Complaint, the general election ballot was designed back in June 2020 at the same time the primary election ballot was designed. This is in line with hi?bricai practice by the Division. State v. Alyse S. Galvin Supreme Court No. Af?davit of Gail Fenumiai Page 3 of9 Exhibit Page 3 of 9 ANCHORAGE BRANCH I?ll W. FOURTH AVENUE. SUITE 200 ENT OF OFFICE OF THE ATTORNEY GENERAL ANCHORAGE. ALASKA WSOI PHONE [9071269-5l00 The Division then posted the 47 sample ballots once the ballots ere finalized with the names and nominating party of the candidates. Before early September. the Division (lid not have ?nal results from the primary election. 4. During my tenure as Director. candidates only have had one identi?er on the general election ballot either the political party that nominated them or "unaf?liated? or ?nonaf?liated?. The terms ?unaffiliated? and ?nonaftiliated? show that the candidate is not appearing on the ballot as the nominee of a political party and these terms are unrelated to how the candidate is registered. They may be registered as a member of a recognized political party, a political group, or as undeclared or nonpartisan. The relevant information for purposes of AS [5.15.030 is the candidate?s af?liation for purposes of the election, not the voter registration, which can be changed at any time. Examples of general election ballots going back to 2008 are attached as Exhibit A. 5. The Division based its decision relating to design of the general election ballot on the language from the 2018 Alaska Supreme Court decision, State v. Aiaska Democratic Party; historical practice; and the statutory goals of ?fairness, simplicity, and clarity in the voting procedure." AS 15.15.030. The Alaska Supreme Court in State v. Alaska Democratic- Party indicated that ?On the general election ballot, the State could simply print the nominating party's name next to the candidate?s name.? we: 6. For purposes of the 2020 election and in light of the Alaska Supreme Court?s decision and historical practice, the Division determined that the most State v. Aiyse S. Galvin Supreme Court No. S- Af?davit of Gail Fenumiai Page 4 of9 Exhibit Page 4 of 9 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 103! W. FOURTH AVENUE, SUITE ANCHOR AGE, ALASKA 905m 26? Slot] pertinent information was how each candidate got to the ballot in other words, how the candidate was nominated. Listing ?Democratic Nominee" or ?Republican Nominee" tells voters that the candidate a on that party?s primary election to appear on the general election ballot. We did the same for nominating petition candidates, by indicating that they got on the ballot by nominating petition. 7. Al-E?Wgh the of?cial general election ballots will only list the party that nominated the candidate, the Of?cial Election Pamphlet that goes to ali registered voter households will include a list of the applicable candidates for that region and the designation they included with their candidacy ?ling nonpartisan, undeclared, Republican, Democrat, etc.). I have attached an example of a candidate list as Exhibit B. The Of?cial Election Pamphlet also includes the candidate?s statements, if timely submitted. which can include any information the candidate chooses to explain who they are and why they are running for of?ce. For example, Alyse Galvin?s candidate statement states: served Alaska under Republican and independent governors and led a non-partisan grassroots movement to restore education funding and improve our schools. I?m running for Congress as an Independent to work for all Alaskans and build a strong economy that supports small business, keeps our kids here, and puts Alaskans ?rst in line for good paying jobs.? 8. In my tenure as Director, the Division has never shared sample ballots in advance with any of the parties or candidates. I understand this may have occurred in 2018 because of the pending Supreme Court opinion, but the statutes do State v. Alyse S. Galvin Supreme Court No. 8* Af?davit of Gail Fenumiai Page 5 of9 Exhibit Page 5 of 9 ANCHORAGE BRANCH l03l FOURTH AVENUE. SUITE 200 DEPARI Ml? NT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE, ALASKA W?pll i PHONE 269 5I00 not contemplate involvement from political parties or candidates. This is appropriate because the Division has to remain neutral and base its decisions on presenting the most objective information pOssible to voters. That is hat drove the Division?s decisions on the design of both the general election ballot and the primary election ballot. 9. Absentee ballots must be sent by September l9 under federal law for uniformed and overseas voters to comply with the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). 52 U.S.C. 20302. The Division has approximately 8,000 UOCAVA ballots for the 2020 general election. Also, the Division has already processed over 70,000 absentee ballot applications for the general election and plans to begin sending those ballots to voters the last week in September. And early voting starts October 19. Ballot materials are sent out to many of Alaska?s remote polling places two to three weeks in advance. 10. The UOCAVA ballots and State Advance ballots are processed through the USPS bulk mail facility in Anchorage. Bulk mail is not available on Saturdays, so in order to meet the September 2020 UOCAVA deadline, those ballots must be mailed on Friday, September 18. It would not be possible for the Division to use a different mailing method as this would involve an extraordinary amount of worker hours printing postage on tapes and adhering the postage to the ballot envelope. Also, it is unknown at this time if the of?ce has adequate postage on the of?ce meter to meet this need. 1 l. In my opinion and based on years of experience running elections, State r. Alyse S. Galrin Supreme Court No. S- Af?davit of Gail Fenumiai Page 6 of9 Exhibit Page 6 of 9 ENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH I031 FOURTH SUITE 1le ANCHORAGE. ALAKKA 9950 PHONE {901126l1 Sl00 there is not suf?cient time to reprint the 0? er 800.000 ballots that have already been printed and re?test the voting equipment. 12. In order to make changes to the ballot, we will haw to ?roll back" the election project (which is the programming for the toting equipment) to a point where these changes can be made in the system. Once all the changes to the ballots for each district are complete, we have to start the process of moving the project forward again and get it to where we are at today. Then we would send the new ballot images to the printer for printing, and the printer would create proofs of the ballots for us to approve before printing. We also would send the printer ?les for test ballots and the 47 sample ballots so that the printer can reprint those as well. 13. If we do not re?test and the voting equipment will not accept the new ballots, this would be a huge issue both on election day and on the post-election day counting of absentee and questioned ballots. The ballots that cannot be processed by the scanner would have to be hand counted. 14. The initial logic and accuracy tests that were performed in the Director?s of?ce for the general election took four days; the media then got sent out to the regional of?ces, which took various of time depending on the distance to the regional of?ce, and the second round of testing in the regional of?ces usually takes approximately ?ve days. As mentioned above, the equipment needs to be sent Out to many polling places two to three weeks in advance, so the regional of?ces (which send the equipment to the polling places) need the media required for testing as soon as possible. Additionally, these tests must be performed in the presence of State Alyse S. Grill-in Supreme Court No. S- Af?davit ofGail Fenumiai Page 7 of9 Exhibit Page 7 of 9 DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH Il)3l W. AVENUE. SUITE 200 ANCHORAGE, ALASKA 995m PHONE 269 election board members. so the Divisioxi would need to coordinate with all the election boards to schedule additional testing times. l5. Regardless of hether the logic and accuracy tests are performed. we will still need to reprogram the ballots that appear on the touch screen units since the change will affect how the candidate?s name is presented on screen. First, we would have to retrieve all the media from the regional of ?ces, where they are currently located for testing. The reprogramming has to occur at the Director?s of?ce in Juneau because that is where the main server is and the only staff member trained to do this work. Retrieving the media would take a minimum of two to three days. Once the media have been returned to Juneau, re-programming the media will take a minimum of eight hours of work. 16. I spoke with the printer that is conducting the printing for us, and the printer has approximately 390,000 sheets of the required special ballot paper. The printer believes it could acquire more paper from a company in Seattle, but it would take one week to get the paper to the printer?s location. The printer also hired extra staff in order to complete the printing that has already occurred, and the printer is uncertain whether it could hire additional staff with such short notice in order to complete the printing in ten days, as it did for the earlier printjob. The printer not only prints the ballots but also folds ballots used for absentee voting. Therefore, it appears the printer could get a suf?cient number of ballots printed for the UOCAVA ballots within a week, but this does not account for the 800,000 ballots that would also need to be replaced. State Air-5e S. Gaiw'n Supreme Court No. S- Af?davit of Gail Fenumiai Page lino-i5 Exhibit Page 8 of 9 DEPARTMENT Ol- LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH I03I W. FOURTH AVENUE. SUITE Hun ANCHORAGE. ALASKA 9950'. PHONE (907} 26?) ?ltH) H. We are currently a little over six weeks away from the general election, and considering that early voting starts October 19. we are really only four and a half weeks away from when int-person voting starts. In light of all the information above about the logistics of reprinting over 800,000 ballots and getting the equipment re?testedwould be possible to properly carry out the election it" we are required to reprint the ballots. l8. I believe the Division has fully comported with the law and the Alaska Supreme Court precedent in the way the ballot was designed. I would never have ?nalized the design if I thought it was legally flawed. My entire goal is to have a smooth and successful election, where voters are able to safely vote in the way they are most comfortable. l9. If the court determines otherwise. I would prefer that the remedy not involve putting the entire election in jeopardy by reprinting 800,000 ballots. The Division could, for example, send out supplemental information to each registered voter providing the names ofall the candidates and their registered party af?liation. The Division could also put up additional signage at polling places. Gail Fenumiai SUBSCRIBED AND SWORN to before me September l?l 2020. 0" STATE OF ALASKA 51:4.? 13., in the and for Al?aglli a . . ?mg? PUBLIC in?! My Expires: LQL (53' My Commission Expires With Office State v. Alyse S. Galvin Supreme Court No. Af?davit of Gail Fenumiai Page 9 of9 Exhibit Page 9 of 9 sleeve and then take your ballot to the ballot box. SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the issue/candidate of your choice, fill in the oval next to the issue/candidate you want to vote for. Place your ballot inside the secrecy it you make a mistake while voting, return the ballot to the election official for a new one. A vote which has been erased or changed will not be counted. General Election November 6, 2018 HD1-JD4 State of Alaska Official Ballot Candidate's registered af?liation: (D) Democrat (L) Libertarian (R) Republican (N) Non-partisan (U) Undeclared Instructions: To vote. completely ?ll in the oval next to your choice. like this: . United States Representative (vote for one) State Senator District A (vote for one) Alaska Democratic Party Nominee QGalvin. Alyse S. (U) QYoung. Don (R) Alaska Republican Party Nominee Alaska Democratic Party Nominee QKawasaki, Scott (D) Alaska Republican Party Nominee QKelly, Pete (R) C) C) Write-in Write-in Governor] Lieutenant Governor State Representative (vote for one) District 1 Alaska Democratic (vote for one) C) Begich, Mark (D) Call. Debra L. (D) Party Nominee ODunleavy, Mike J. (R) Meyer. Kevin G. (R) Alaska Republican Party Nominee QToien, William 3. "Billy? (L) Cli?. Carolyn C. "Care? (L) Alaska Libertarian Party Nominee QWalker, Bill (U) Petition Nominee Maliott. Byron I. (D) C) Write-in QLeBon. Barton 8. ?Bart? (R) Alaska Republican Party Nominee Alaska Democratic Party Nominee QDodge. E. (D) C) Write-in Continue Voting on Next Side FRONT Card I I Fuel-sh Exhibit A Page 1 of 7 SAMPLE BALLOT BACK INSTRUCTIONS TO VOTER: To vote for the issue/candidate of your choice, fill In the oval next to the issue/candidate you want to vote for. Place your ballot inside the secrecy sleeve and then take your ballot to the ballot box. It you make a mistake while voting. return the ballot to the election official for a new one. A vote which has been erased or changed will not be counted. - Instructions: To vote. completely ?ll in the oval next to your choice. like this: . Ballot Measure No. 1 -17FSH2 Fourth Judicial District An act providing for the protection of wild District Court salmon and fish and wildlife habitat Judge Seakins Shall Ben A. Seek ns be retained as judge of the strict court for four Ballot Measure No. 1 years? r: Clue This act would amend Alaska's fish habitat permitting law. The act would require the Department of Fish and Game to apply new standards to permitting activities and development projects that have the potential to harm ?sh habitat. The act would exempt existing projects. operations. or facilities that have received all state and federal permits until a new permit is needed. The act would create ?sh and wildlife habitat- protection standards. The standards would address water quality. temperature. stream?ow. and more. The act defines ?anadromous fish habitat." The act would allow to apply the law to all habitat in Alaska that directly or indirectly supports salmon or other anadromous fish. The act would provide for three types of permits for development in anadromous fish habitat. could issue a general permit- a single permit that applies to many people-for certain activities. For other activities that require a permit. the act would establish a two?track permitting system. Minor permits would be issued for activities that have little impact on ?sh habitat. Major permits would be issued for projects that have the potential to cause significant adverse effects on fish habitat. The act de?nes ?signi?cant adverse effects." The act would require to avoid or minimize 'adverse effects through mitigation measures and permit conditions. It would provide public notice on all permits and a chance to comment on major permits. The act wouid create criteria. timeframes. and an appeals process for the permits by interested persons. The act would allow to respond to speci?ed conduct with tickets. civil ?nes. or criminal penalties. The act would repeal two current statutes. One is regarding mitigation from a dam. The other is regarding criminal penalties that are addressed elsewhere. Should this initiative become law? Fourth Judicial District Superior Court Judge Lyle Shall Paul R. Lyle be retained as judge of the superior court for six years? CI YES r; 'ju NO Judge McConahy Shall Michael McConahy be retained as judge of the superior court for six years? YES 3N0 BACK ("ard Exhibit A Page 2 of 7 SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the issueicandidate of your choice. fill in the oval next to the issuelcandidete you Want to vote for. Place your ba' lot inside the secrecy sleeve and then take your ballot to the ballot box. If you make a mistake whi voting. return the ballot to the election of?cial for a new one. A vote which has been erased or changed will not be counted. State of Alaska Of?cial Ballot General Election November 8. 2016 To ?rate. completely tilt in the oval next to your choice. litrr this: . Please be sure to vote both sides of the ballot United States President 5? State Senator Vice President District (vote tor one] I, (vote for one) C)Ca.etia. Darrell I Alaska Constitution r; :tMcDoueld Forrest J. Democrat B'adlw? r_ Natasha A. Republican QCIinlon. Hillary Democrat onhnson. Tom Non Af?liated Kaine. Tim Le Fuente. Fioque 'RocitY' Non Afflicted State. ?epn'amauw Steinberg. Michael rl 24 QJoht-eort. Gory Libertarian 02?} Weld. Bill 3.01?. Sue Demael Stein. Jill G-eon :Kopp. Ctlerlee M. 'Chuctt' Republican Beretta. Ajemu wntn-In - OTfumP- 0908? J. Republican #5 Bellot Measure Nott- tsewnvw ?mm An Act ouoltrla?d to'ERegie'ter to Vote When Applying-for Permanent Fund _Em0hlde?d . 413$ H. United States a. Baliot Measure No. 1 3993?" Tl'lte helmet the ct lectione to lighter mum (WEJOF 0'13) mm to vote Mien tor the pomnt lune elttoond (PFDJ. ll person store to vote for the tint time through PFD epo?cettm. the Bhutan ol Eleotierle would compare the person's - - mere-g. m" mum? voter The DMelon ot Eleotlortl me let the cltlurt ttnowlt he or she QGianoutsos. Ted Non Attilinted nee been added to the etele reolelrettcn Iet. or it the person's lament a voting eeoreu done not matter the one provided on the PFD term. In Melon! 9- ?y Democrat lhet cm. the pereon could d'tenoe their voter registration address. C) Miler. Joe Libertarian The notice else would elotv an applicant to request ren'tdvel I'm the . registration let. this. using the date Item the term. the Dlvteton C) Murkowskl. Lise Republican Etecttone would register queetled Neeken to vote he or eheopteoul.Thenotlcewoutd political petty. Voter le elreedv con?dential under existing . Repmeegttetlve Should lhie initiative become leer? {vote tor-one) OYES C) N0 QYWW- ?mm? Ballot No._ 2 c) Lindbecit Steve Democrat Allow Dehtjor Poeteecondary Student-Loans Omg??m Jim 0. Senate Joint Resolution No. 2 QSoupt-tanevong. Ben-tie Non Alii?aled Ballot Measure ND. 2 of?ng-in . This to Article lit. uc?on a ot the Alaska Constitution would expend the State's euthorllv to hour debt by letting the State lam general obligation bot'lde booked by the elele tor poetaeoonderv student teens. Shame title constitutional amendment be edopled? Ores ONO Continue Voting on Next Bide - - - - FRIJNTCIM SEQI I Wis]! Exhibit A Page 3 of 7 SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the Issuelcandidate at your choice. ?ll In the oval next to the leeuefcendldate you went to vote for. Place your ballot inside the secrecy sleeve and then take your ballot to the ballot box. If you make a mistake while voting. return the ballot to the election official for a new one. A vote which has been erased or changed will not be counted. State of Alaska Of?cial Ballot General Election November 4, 2014 W: To vote. completely in the oval man In your m. the the: . An Act ?l?e'x and Regulate the reduction. Sale. and Du ol Marijuana (Damian Mark Democrat Ballot Measure No. 2 ol comm-ms. mom-n Glenouleea. Ted Non A?lleted salivary. Dan mum at age or duet. The all med elemI eub totertehceetrieeime. melon-nee! Wrileln m- I. 8:01;. The all mid eleev valley reeleleree madman-?elated enebee one .P??nl V. we?! (vote tor one] entaileele mm. buy. ?new. allow. um. veneered. I I m?me. ?halogen? NIL-M Down.? PM mum {Cor-Irene enem- am not em?. to than Ohm? mm'Jmc? unmade" mien-nu:- QYoung. Den Republican teammate-eel. em United emu gig?? No. 2 - meson 2 I Ow'm?? marlin-anointed enteiee. eeone weuirl new lo covet canal-n lupin and be In modeler-Ia. he wee -r . . eleo mete modem lot vegetarian I mew-Melee entity. The Governor} Lieutenant Governor wee-Wm wk he nun-end by IM ABC 6 ms Inc-I (vole tar one) mm? rain . . Etta?: Libertarian mun-related enwea. A local government could do that by enacting an own-em or Dumb voter in?ame. Hm: couleooverinelime. place. mennr anereqlelreuonel'emerihene OMyere J. R. Meek.- Oonatilullon operation-e. Renael. ??ap nae. I or Irlnepo?l. meow Mm OParnell. Sean Republican mew-teem modem Nineveh" ale to creel-em Suntan Dan Marlene. leneekerneripene antebellum ?mm we 21 reareofeueoroloer. )Welker. Bill Non Mellon. Byron The all uetee that It le not memo to require an emeloyet to elem eale. ?mu .. m- ?mg. realm State senator 4 mm on that poverty am not mend to w: In. emu-em Mane Dht?ct-A ?(mama when: (you for ?term eele Med-mm [eel {?153 '0 . re men I marijuana meld pay the are mgr! tax W- Tm. Denmet time could enema! my.? pane eta-e marijuana plan Item .1. la; plant. The h. define nemereue W. The hl oentelne a etelemeni ol Stat. mpi?oht??v. grpoeeuzum {vote for all.) the "alive become law? Qannohuret. Gregory Don Republican DYES OKwu-klo 50?" 4- WI ennui Manure soc: Owns.? . - An 'Aot- to lnor_e'aee- Nael?e'e. Minimum Wage Na. 3 Whimmeemem 1.2018. The?! new eediyeer mamamuumwmm mum ?mutual?. ?eeremepe?elnmmaelyollielhtloe count ?mulla- Wale-lee. r_:r YEB Continue Voting on Next Bide - Exhibit A Page 4 of 7 SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the issuelcandldate 0! your choice. fill in the oval next to the leeuelcandtdate you want to vote tor. Place your ballot inside the secrecy sleeve and then take your ballot to the ballot box It you make a mistake while voting. return the helm to the election ef?cal for a new one. A vote which has been erased or changed will not be counted. State of Alaska Of?cial Ballot HD7-J D3 General Election November 6, 201 2 mm: To vote. coupletely ?ll in the oval next to your choice like we: . :1 United States Preeldent Bonding.Propoettlon..A 1?4 VlgePreetdent State General'Obttgathp- . (vote for one) Iran'eportetlon molect Bonds . OJol-meon. Gary ?Milan Gray. James - - Bonding Prepoeltron A Oomm" Shall the sum or Alaska Ito general obligation bonde tn Wm- 40? the prlnopar amount or not two then 3453.499 zoo [or the purpoee at [:11th the ooet at state hmporteliort proleote? QRomney Mitt Republican YES eonos no Gm? 'Bellot elitism-No. 1"?r .- Hmm' cm" Gene??tutlonemeriventton Queetlon C) Ballot Measure Ho. 1 a 1 Shel there be constitutional convention? United . (vote for one) YES t; NO QMoDen-nott Libertarian Supreme court- QYoung, Don Republican 4 . $51. QCieena. Sharon Democrat Junta. wan-g. QGieneuleoe. "an ?mm? Shell Denier Winfree be retained as justice ol the supreme Own." court for ten years? Lures ONO -. state senator? Court of Apheale - plateau 314% 4n (Wt 3: one} Judge Boloer Comm? ?Mm" emu Joel H. Boiser be retained as judge at the court or mem lor eight years? Eves one Stat?e. I 'r . (vote for one? 2233'?? 0 Keller. Wee Republican 0 Wilt-In Continue Voting on Next Side - - - - - - ".981 580' I E1111- Exhibit A Page 5 of 7 SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the issuei?cand'date of your choice. ilil In the oval next to the leeuefcendldate you want to vote tor. Place your ballot inside the secrecy sleeve and then take your ballot to the ballot box. It you make a mistake while voting. return the ballot to the election official for a new one. A vote which has been erased or changed will not be counted. General Election November 2. 2010 State of Alaska Of?ciat Ballot mm: To vote completely In the oval next to your choice. like this: . f?w-i; Unit?'d Statee Senator 5.21 .{vote for one) a: . Minis. Scott T. Derrlocrat C) Miller. Joe Republican Carter. Tint Non- C) Glencutscs. Ted Non Atllieled din PrepoeltlenA Illi- ammgd Meterene Residential Mortgage- ?ends $509,000. 000 Proposition A Shell the State of Alaska uncolultioneliy guarantee a: a general ohtgatlcn oi the state the peyrnentot principal and - Treedweit. Mead 0 Hence. Fredrick 'David' Libertarian hterest on revenue bonds oi the Alaska Housing Finance Corporation issued In the amount oi not more than \n'iFi'ie-in' for the purpose oi purchasing mortgage rnada tor residences for qualifying veterans. as de?ned by law? Unm 330103 if} BONDS YES C) BONDS NO Representative BondingPl-o Propoiltion'a for om) State: .Gerlerall Library. Education. and Ed re F. It Bonds 1' Young. Don Republican anagzgga?ogo It: ?y Crawford. Harry Jr. Democrat f. :IVV?rtt:in? Bonding Shall the State at Nestle issue its general obligation bonds In the principal en'lount at Del more than 3397200900 [or the purpose oi design and construction of library. education and Govenar?vlgitzutenen; Governor ?mm march ?with? .1 c) Wright. Donald Alaskan Independence (3 Bones YES aonoe NO it? Ballot Meead'rd 216.1 C) Berkewllz. Ethan A. Democrat Increase Number of; Legislators and Districts Benson- 5- senate Unlafkeeolirtlon 21 C) Parnell. Bean R. Republican Ballot Measure No. 1 This Activated amend the Alaska constitution to her-ease the TheActwould C) Toleri Willem 8. 'Billy" Libenarten hcreese the number at senate members from 20 to 22. It Brown. D. would Increase the numberot house members from 40 to 44. set new iedeletive districts would be created as a result - 4 In C) the House and 2 In the Senate. The dltingel proposed by the Actwould go Into ei'l?eclon oralter January 1. 2011. share erte-in new redistricting plan based on the 2010 U.5. Census is a see . State Senator pm - District Should this constitutional amendment be adopted? Mm forehe) YES 0 ND C) Wands. Richard M. Republican ?mm, Ellis. Johnny Democrat C) Juelloe Febe SheIDene A. upetlceettheeuprernecourttor ten years? State Representative ?4 District 24 C) YES no ?511; {vote for. one) Gardner. Berta Democrel C) Write-In Continue Voting on Next Side - - - - - FRONT 09 $20! I Exhibit A Page 6 of 7 to the issue/candidate you want to vote for. Place your ballot inside the secrecy sleeve and then take your ballot to the ballot box. SAMPLE BALLOT FRONT INSTRUCTIONS TO VOTER: To vote for the issue/candidate of your choice. fill in the oval next If you make a mistake while voting. return the ballot to the election official for a new one. A vote which has been erased or changed will not be counted. State of Alaska Official Ballot General Election Continue Voting on Next Slde - - November 4, 2008 - - To vote. completely fill in the oval next to your choice. like this: I - - United States President engaged? President Repreaentatlve (vote fortune)- {vote [or-one)- 0 Baldwin. Chuck Alaskan independence .- Castle. Darrell Wright. Don Ft. Alaskan Independence C) Barr. Bob Libenarian (3 Young. Don E. Republican Rm" C) Baritowitz, Ethan A. Democrat C) Engl??aigh ?1.11" Republican wmedn te- - C) Obama. Barack Democrat for one): Biden. Joe - C) Menard. Unda K. Republican .- Write-In C) Cordero, Erick Democrat .unlt??d sunset;f - Senator - i a. sweetheagmm? - . District 14 Haase. Fredrick D. 'David' tibertarien (?me tor-one) C) Stevens. Tod Republican C) Smith. Rose Democrat - Begich. Mark Democrat Keller. Wes Republican 0 Bird. Bob Alaskan independence C) - Gianoutsos. Ted Not Affiliated WriIo-FRONT Cut! 60 1 Exhibit A Page 7 of 7 Candidates for Elected Office General Election Day is Tuesday, November 3, 2020 United States President and Vice President Joseph R. Biden Jr. and Kamala Harris, Democrat Don Blankenship and lMIIiam Mohr, Constitution Rocque ?Rocky" De La Fuente and Darcy G. Richardson, Alliance? James G. "Jesse Ventura? Janos and McKinney, Green Jo Jorgensen and Jeremy ?Spike? Cohen, Libertarian Brock Pierce and Karla Ballard, Non-Af?liated Donald J. Trump and Michael R. Pence. Republican United States Senate AI Gross, Nonpartisan John Howe. Alaskan Independence Dan Sullivan, Republican Alaska State Senate Greg Madden, Alaskan Independence Gary Stevens, Republican Alaska State House House District 29 Benjamin E. Carpenter, Republican* Paul D. Dale, Nonpartisan House District 31 Kelly Cooper, Non-Af?liated Sarah L. Vance, Republican' House District 33 Sara Hannan, Democrat House District 35 Jonathan S. Kreiss-Tomkins, Democrat Kenny Ska?estad. Republican? United States Representative Alyse S. Galvin, Nonpartisan Don Young, Republican Senate District Bert K. Stedman. Republican House District 30 James Baisden, Non-Af?liated? Ronald D. Gillham, Republican House District 32 Louise B. Stutes, Republican House District 34 Edward M. ?Ed? King, Nonpartisan Andrea "Andi" Story, Democrat mam Leslie Becker. Republican Daniel H. ?Dan? Ortiz, Undeclared *lndicates candidate did not submit pamphlet materials, did not ful?ll requirements to appear in pamphlet or failed to meet statutory filing deadlines for submission15. 58. 060) Exhibit Page 1 of 1 To: W: CC: Subject: UOCAVA update Date: Thursday, September 17, 2020 11:12:02 AM Gail and Carol, I understand that there is some litigation in state court that could affect the printing of UOCAVA ballots, and we wanted to get an update if possible. Do you have time for a brief call this afternoon? I am available any time except between 4:00 and 4:30 EST. Thanks very much. Jaye Jaye Sitton Trial Attorney Voting Section U.S. Department ofJustice, Civil Rights Divisior (202) 305-4143 Exhibit Page 1 of 1 :1 . I. .. II- Ch. 33) counters are appointed. the clerks may not be of the same poitical party. If more than two counters are appointed. no more than two counters may be of the same political party. Sec. 2.15. Appointment of Nominees for Judges and Clerks. Whenever the appointment of election judges or clerks is required. the party district committee of the political party of which the gov- ernor is a member may present in writing at least 45 days before the party nomina- tion or election. to the election supervisor. the names of two party nominees f0r judges. and one for clerk. in any or all election precincts. and the election super- visor shall appoint the party nominees to the respective precinct election boards. The party district committee of the poll- tical party which received the second largest number of votes in the preceding general election may present in writing at least 45 days before the party nomi- nation or election to the election super- visor the name of one party nominee for judge and one for clerk for any or all election precincts and the election super- visor shall appoint the party nominees to the respective precinct election boards. If any party district committee fails to pre- sent the names prescribed by this section, the election supervisor may appoint any qualified person. Sec. 2.16. Date and Notice of Appoint- ment of Electiou Board. The election supervisor shall make his appointments and give notice thereof at least 30 days prior to the date of any party primary or election. Appointees shall accept their appointments in writing at least ten days before the party primary or election. Sec. 2.17. Appointment and Privileges of Watchers. The district party com- mittee may appoint one person as watch- er in each precinct for any primary nomination or election. Each candidate not representing any political party may appoint a watcher for each precinct in his respective district or the state for any election. The watcher may be present at a position within the place of voting which affords a full view of all action of the election board taken from the time the polls are opened until the ballots are finally counted and the result certified by the election board. The election board may require each watcher to present a certificate showing him to be the watcher LAWS OF ALASKA, 1960 87 appointed by the district party commit- tee or candidate he represents and signed by the chairman of district committee or candidate representing no party. The secretary of state may prescribe regula- tions governing the conduct of watchers to assure the privileges of watchers and the proper conduct of the election. Sec. 2.18. Appointment of Party Rep- resentatives for State Canvass. The sec- retary of state shall appoint two persons from each political party to participate in the canvassing of the vote. Each per- son who was appointed and serves. re- ceives the same rate of compensation paid election judges. Each political party may present to the secretary of state a list of three or more names from which he shall select the persons to represent the party. The list of names may be submitted in writing at least 30 days before the date of the election. The per- sons to represent the party on the can- vassing board may be selected by the state party central committee or in any other manner prescribed by the by-laws of the party. The list of names shall be certified by the chairman of the state central committee of the party or by the person authorized by the party by-laws to act in the absence of the chairman. Article General Procedure for Elections Sec. 3.01. General Administrative Sup- ervision by Secretary of State. The sec- retary of state shall provide general administrative supervision over the con- duct of state elections and may issue any regulations pursuant to the Administra- tive Procedure Act necessary for the administration of elections to protect the interest of the voter and assure ad- ministrative efficiency. Sec. 3.02. Date of General Election. The general election is held on the Tuesday after the first Monday in No- vember in every even numbered year. Sec. 3.03. Preparation of Official Bal- lot. The secretary of state shall prepare all official ballots to facilitate fairness. simplicity. and clarity in the voting pro- cedure. to reflect most accurately the intent of the voter, and to expedite the admin; tion of elections. The follow- in_g es shall be foll?ed??hen Willa Exhibit Page 1 M7 a ?im?e?-n as 88 LAWS OF ALASKA, 1960 (1) The secretary of state shall de- termine the size of the ballot. the type of print. any necessary additional instruc- tion notes to voters, and other similar matters of form not provided by law. (2) The secretary of state shall de- termine the manner of numbering ballots to assure simplicity and secrecy and to prevent fraud. (3) The secretary of state may con- tract for the preparation of the ballots on a regional basis if necessary and may contract for the preparation of ballots without obtaining competitive bids. (4) The secretary of state may not include on the ballot as a part of a can- didate's name. any honorary or assumed title or prefix but may include in the candidate's name any nickname or famil- iar form of a proper name of the candi- date. (5) The general election ballot shall be printed on white paper with the names of candidates placed in separate columns for each political party as indicated by column headings. Candidates shall be mean ?according to offices. with each office except the secretary of state. hav- ing a separate section. The secretary of state and governor shall be included in the same section. The left column shall be that of the political party receiving the largest vote at the preceding senerai election. Provision shall be made for vot- ing for and no-party candidates and for voting a straight party ticket by marking only one designated square. (6) The general election ballot shall be designed with the position of names of the candidates changed in each section as many times as there are candidates in the section in which there are the most names. As nearly as possible. an equal number of ballots shall be printed after each change. In making the changes of position, the name of the candidate at the head of each section shall be taken and placed at the bottom of the section and the column moved up so that the name that before was second is first after the change. After the ballots are printed. they shall be placed in separate stacks. one stack for each change of position. The ballots shall then be gathered by taking one from each stack. the inten- tion being that every other ballot in the accumulated stack of ballots shall have (Ch. 83 the names of the candidates in a different position. The general election ballot shall be designed with the names of candidates of each political party for the office of president and vice-president of the United States placed in the same section on the ballot rather than the names of electors of president and vice-president. (8) The general or special election ballot shall be designed with the title and proposition for any initiative, refer- endum. or constitutional amendment formulated as prescribed by law and placed on the ballot in the manner pre- scribed by the secretary of state. Pro- vision shall be made for marking the proposition "For" or ?Against." The general or special election ballot shall be designed with the question of whether a constitutional convention shall be called placed on the ballot in the following manner: "Shall there be a con- stitutional convention?" Provision shall be made for marking the question "Yes" or (10) A separate statewide or ludi- cial district-wide ballot shall be designed with the question of whether a Justice or judge seeking to succeed himself shall be approved or rejected in substantially the following manner: ?Shall . . be retained as justice of the supreme court for ten years?? or ?Shall be retained as judge of the superior court for six years?" Provision shall be made for marking the question "Yes" or (11) When the legislature by law authorizes a state debt for capital im- provements, the secretary of state shall place the question of whether the specific authorization shall be ratified by placing the ballot title and question on the next general election ballot. Unless specifically provided otherwise in the act authorizing the debt, the ballot title shall. by the use of a few words in a succinct manner. indicate the general subject of the act. The question shall, by the use of a few sentences in a succinct manner, give a true and impartial summary of the act authorizing the state debt. Provision shall be made for marking the question substantially as follows: "Bonds Yes" Exhibit 1) Page 2 of7 f. In a different 'f ?fill ballot shall 'of candidates the office of .1 it of the United i?quutlon on the liter of electors 1 mini election Itli the title 2 refer- ;l amendment lf-hy law and Planner pre- il litittc. Pro- marking the i In." -Ial election 'h tin.- question .1 I convention 'lluilot in the in be a con? ?livinion shall ?lik?tion ?Yes? .th or judi- .lql Ill!) designed A Justice or 41va shall be .lntlaily the . s, . 'i supreme i. m- "Shall as judge ?11: years?? the . by law manual im- _[slatc shall . the specific ., by placing 3? ii the next specifically Illthorlzing ?a by the - manner. the act. of a few give a the act Provision question Yes" Ch. 33) or ?Bonds No." followed by an appro- priate square. Sec. 3.04. Preparation of Other Elec- tion Materials. The secretary of state shall prescribe the form of and prepare tinted sample ballots. the original and duplicate registers. oaths of office of judges. challenge oaths, tally sheets. in- structions to voters. warning notices and other forms and supplies required for the election. See. 3.05. Distribution of Election Materials. The secretary of state shall distribute an adequate supply of sample and official ballots. registers. oaths. and other forms and supplies required for the election to the election supervisors for distribution to chairmen of election boards in precincts not less than 25 days before the date for the election. See. 3.06. Procurement of Polling Places and other Supplies. at least 10 days before the date of the election. the elec- tion supervisor shall secure polling places for holding the election. including alter- nate emergency locations. suitable ballot boxes which will assure security and an adequate number of voting booths or screens. national flags. pens. and pencils. Not less than one voting booth or screen shall be furnished for each 100 votes or fractional part thereof. cast in the previ- ous election. The secretary of state may issue rules prescribing the type of polling place for holding the election and the re- quirements regarding ballot boxes. voting booths. screens. national ?ags. and other supplies to assure administrative economy and to protect the secrecy of the ballot. The state. through the office of secretary of state. shall pay the cost of any neces- sary election expenses incurred in secur- ing a place for holding the election. a suitable ballot box. and an adequate num- ber of voting booths, screens. national flags. and other supplies. Sec. 3.07. Public Notice of Election Re- quired. At least 10 days before the date of the election the secretary of state shall give. and is authorized to contract to give. full public notice of the election and may select any manner reasonably calculated to give actual knowledge of the election to the voters. Public notice shall include. but is not limited to. the posting of writ- ten notice in three conspicuous places in each precinct and printed notice for three LAWS OF ALASKA, 1960 89 days in a newspaper of general circula- tion In each major senate district. The secretary of state shall prescribe the man- ner of notice which shall be given by election boards. The notice shall speci- fically include. but is not limited to. the date of the election. the boundary of the precinct. the location of the polling place. the hours between which the polling places will be open. the offices to which candidates are to be nominated or elected. and the subject of the propositions and of questions which are to be voted upon. Additional notice may be given by use of newspapers. television, radio. printed posters. and any similar means of com- munication. The state. through the office of secretary of state. shall pay the cost of any necessary election expenses incurred in giving notice of any election. Sec. 3.08. Time for Opening and Clos- ing Polls. 0n the day of election. the election boards shall open the polls at eight o'clock in the morning. shall close the polls at eight o'clock in the evening. and shall keep them open during the time between these hours. The hour shall be determined by the standard time. or dar? light saving time. that is applicable to the polling place. Sec. 3.09. Voting in Person Only at Resident Precinct. 0n election day a quali- fied voter voting in person shall vote only at the polling place in the precinct of his residence. Sec. 3.10. Time Off for Voting. Any qualified voter who does not have suffi- cient time outside his working hours within which to vote at any state election may. without loss of pay. take off as much working time as will enable him to vote. If any employee has two consecu- tive hours in which to vote. either be- tween the opening of the polls and the beginning of his regular working shift. or between the end of his regular working shift and the closing of the polls. he shall be deemed to have sufficient time outside his working hours within which to vote. Sec. 3.11. General Duties and Oath of Election Board. The election board shall supervise the election in the precinct. Be- fore entering upon the duties of office. each election judge shall take an oath to honestly. faithfully. and per- form the duties of his office. Any ap- pointed judge. whether or not having Exhibit Page '3 0f7 unhimself subscribed to the oath. may ad- minister the oath to another judge. The chairman election board shall ro- tate the time at which judges and clerks may be relieved for meals. Sec. 3.12. Filling Vacancies in Election Board. If any appointed Judge or clerk fails to appear and subscribe to the oath on election day or becomes incapacitated during the time of the election or can- vass. the qualified voters present shall elect. by a majority voice vote. any quali- fied voter present to fill the vacancy. Sec. 3.13. Majority Decision of Election Board. The decision of the majority of Judges determines the action that the election board shall take regarding any question which arises during the course of the election. Sec. Permitted Use of Unofficial Ballots. If no official ballots or election supplies are received. or if an insufficient number of either are received. or if either have been destroyed or lost. the election board shall provide. and the voters may use. unmarked substitute ballots and other election materials to indicate the intent of the voter. The election board shall certify to the facts which prevented the use of the official ballots and mater- ials and shall include the certificate in the election returns to the secretary of state. The initial failure to certify to the facts. or include the certificate as re- quired. does not invalidate any ballots. Up'on disclosure that unofficial ballots have been used without a certification as required. the secretary of state shall notify the chairman of the election board by telephone or telegraph of his failure to properly certify the ballots. The secre- tary of state may accept the required certificate made by telegraph and count the ballots if the certificate is proper and actually delivered to the secretary of state within 10 days of the date that the chairman of the election board was noti- fled. Sec. 3.15. Official Opening of Polls. On the day and hour of election. the election board shall announce that the polls are open and receive the voters. Sec. 3.16. Prohibition of Political Dis- cussion by Election Board. During the hours that the polls are open. no iudge or clerk may discuss any political party. candidate or issue while on duty. LAWS OF ALASKA, 1960 . a .73 (Ch. 33 Sec. 3.11'. Prohibition of Political Per- suasion Near Election Polls. During the hours the polls are open. no person who is in the polling place or within 100 feet of any entrance thereto. may attempt to persuade any person to vote for or against any candidate. proposition or question. The election judges shall post warning notices at the required distance in the form and manner prescribed by the sec- retary of state. See. 3.18. Keeping of Original Register. The judges shall keep an original register in which each voter before receiving his ballot shall sign his name and give both his resident and mailing address. The signing of the register constitutes a de- claration by the voter that he is qualified to vote. Sec. 3.19. Keeping of Duplicate Reg- ister. Clerks shall keep the duplicate register and shall write in the duplicate register the names of persons who vote. the names of persons who offer to vote but are refused. and a brief statement of the basis of the refusal. Sec. 3.20. Questioning of Voter of Doubtful Qualification. Any election judge may question any person of doubt- ful qualification attempting to vote and may require identificatiou. Upon a sails ry showing that the person is qualified to vote. the election judge shall allow the person to vote. If an election judge is doubtful as to the ability of a person to speak the English language. a satisfactory showing is made by the per- son briefly conversing with the election judge by the use of simple English words. If an election judge is doubtful as to whether there is a physical disability preventing the speaking or reading of the English language. a satisfactory showing is made by a written statement made by a licensed physician that the person is so disabled. Sec. 3.21. Challenging of Voters of Sus- pect Qualification. Every election judge and election clerk shall challenge, and every watcher and other person qualified to vote in the precinct may challenge any person attempting to vote if the chat nger has good reason to suspect thli challenged person is not quali- fied to vote. Any challenged person be- fore voting shall subscribe to an oath and affidavit provided by the secretary of Exhibit Page 401'7 (Ch. 83 . 3- .5 3 Mutual Per- fh lilo-ins the .liurmn who liiu ten feet 1 littumpt to Law or against or question. gill- warning lit!" in the {by the sec- 'f .. llteglster. mil register diivmg his give both imam. The i Inn 11 de- Iii" Jilin lteg- :lilliilicate duplicate trim vote. ii i' to vote oment of Voter of I. olwtion of doubt- ill vote -.. Upon a [1?1an is ?it? 811311 . tilrction ?it! of a . lingo. a per- filtration I. words. an to Ihillty 01' the 1 - wing lit!" by . ill 80 Hus- Judge and il?icd use the poet titli- .be- and 4 of i Ch. 33; state attesting to the fact that in each particular the person meets all the quail- fications of a voter or that the person legally voted in the general election of November 4. 1924 and meeting the resi- dency requirements of a qualified voter. that he is not disqualified. that he has not voted at the same election and stating the place from which the person came immediame prior to living in the pre- cinct in which he now offers to vote and the length of time of his residence in the former place. After the challenged per- son has taken the oath and signed the affidavit. the person may vote. If the challenged person refuses to take the oath or sign the affidavit. the person may not vote. Sec. 3.22. Administration of Oaths. Any judge may administer to a voter any oath that is necessary in the administra- tion of the election. See. 3.23. Providing Ballot to Voter. When the voter has qualified to vote. the election judge shall give him an official ballot. The voter shall retire to a booth or screen to mark the ballot for the candidates of his choice. Sec. 3.24. Assisting Voter by Judge. Any qualified voter who is incapable of reading. of marking the ballot or of sign- ing his name may request any judge to assist him. and the judge shall assist the voter as requested. Sec. 3.25. Disposition of Improperly Marked Ballot. If any voter improperly marks or otherwise damages a ballot. the voter may request and the election board shall provide him with another ballot, with a maximum of three. and the board shall retain the improperly marked or damaged ballot. Sec. 3.26. Returning Ballot by Voter. When the voter has marked his ballot. he shall fold the ballot and return it to the Judge who shall deposit it in the bal- lot box in the presence of the voter. Sep- arate ballot boxes may be used for sep- arate ballots. Sec. 3.27. Prohibiting the Leaving of the Polling Place With Ballot. No voter may leave the polling place with the offi- cial ballot that he received to mark. Sec. 3.28. Prohibiting the Exhibition of Marked Ballots. Subject to Sec. 3.24. no LAWS OF ALASKA, 1960 91 voter may exhibit his ballot to an election official or any other person so as to enable any person to ascertain how the voter marked his ballot. Sec. 3.29. Prohibiting the Identifica- tion of Ballots. No election official may. while the polls are open. open any ballot received from a voter. or mark a ballot by folding or otherwise so as to be able to recognize it. or otherwise attempt to learn how any voter marked his ballot. or allow the same to be done by any other person. Sec. 3.30. Prohibiting the Count of Ex- hibited Ballots. No election official may place in the ballot box any ballot known to have been unlawfully exhibited by the voter. Any ballot unlawfully exhibited shall be retained and placed with the improperly marked or damaged ballots. Sec. 3.31. Official Closing of Polls. Fifteen minutes before and at the time of closing the polls. the election board shall announce the present time and the time of closing the polls. Sec. 3.32. Voters in Line When Polls Close. Every qualified voter present and in line at the time prescribed for closing the polls may vote. Sec. 3.33. Immediate Commencement of Canvass. When the polls are closed and the last vote has been cast. the elec- tion board and clerks or counters shall immediately proceed to open the ballot box and to count and canvas the votes cast. The election board shall cause the canvass to be continued without adjourn- ment until the canvass is complete. Sec. 3.34. Report. Oath. and Vacancies of Counters. Counters shall report to the election board at the time the polls close to assume their duties to assist the elec- tion board in counting and canvassing the vote. Before undertaking any duties of office. each counter shall subscribe to an oath to honestly. faithfully. impartially. and carry out the duties of his position. Any election Judge may ad- minister the oath. If an appointed counter fails to appear and subscribe to the oath at the time the polls close. the election board shall appoint any qualified voter present to fill the vacancy. Sec. 3.35. General Procedure for Can- vass. The secretary of state shall issue rules prescribing the manner in which the Exhibit Page 5 of? i I 92 LAWS OF ALASKA, 1960 (Ch. 83 precinct canvass is accomplished so as to assure accuracy in the count and to ex- pedite the process. The election board or counters shall canvass the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for mailing may have a marking device in hand. Sec. 3.36. Rules for Determining Mark on Ballots. The election board shall can- vass and count the votes according to the following rules: A voter may mark his ballot by the use of checks. cross marks or plus signs. or any other written mark that is clearly placed in the square opposite the name of the candidate and that indicates the intent of the voter to designate the candidate. (2) A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot. (3) If a voter marks fewer names than there are persons to be elected to the office. a vote shall be counted for each candidate properly marked. it) If a voter marks more names than there are persons to be elected to the office. the votes for candidates for that office shall not be counted. (5) The mark shall be counted only if it is substantially within the square provided. or touching the square and no other. or placed .near the square so as to indicate clearly that the voter intended the particular square to be designated. (6) Improper marks on the ballot shall not be counted and shall not in- validate marks for candidates properly made. (1) Erasures and corrections do not invalidate the ballot. (ii) A vote marked for the candi- date for president or vice-president of the United States is deemed and counted as a vote for the election of the presi- dential electors. (9) Write-in votes are not invali- dated by writing in the name of a candi- date whose name is printed on the ballot unless the election board determines. on the basis of other evidence that the bal- lot was so marked for the purpose of identifying the ballot. (10) If a voter marks in the square designated for voting a straight ticket for one political party and also marks in a square for a particular candidate or candidates of another party. a no-party candidate or a write-in candidate. the ballot is not invalid and a vote shall be counted for each candidate on the straight party ticket and no vote shall be counted for a candidate or candidates not on the straight party ticket. Sec. 3.31. Completion of Canvass. When the canvass is completed. and in no event later than the day after the election. the election board or counters shall make a certificate of the results in duplicate. The certificate includes the number of votes cast for each candidate. for and against each proposition. yes or no on each question. and any additional information prescribed by the secretary of state. The election board shall send one copy of the certificate. the original register. all the ballots east. all ballots improperly marked. damaged and un- lawfully exhibited. properly identified. and all oaths and affidavits made. in one package to the secretary of state. Each board shall send the duplicate certifi- cate and the duplicate register to its respective election supervisor. The secre- tary of state may authorize election boards in precincts in those areas of the state where distance and weather make mail communication unreliable to for- ward their election certificates by tele- gram or radio. The secretary of state may authorize the unofficial canvass of votes on a regional basis by election supervisors tallying the votes as indi- cated on duplicate certificates. The sec- retary of state shall prescribe the manner in which the ballots. registers and all other election records and materials are thereafter preserved. transferred and de- stroyed to assure adequate protection. See. 3.38. Remuneration of Election Judges. Clerks and Counters. The state. through the office of secretary of state. shall pay each Judge. clerk. and counter $2.00 per hour for time spent at their election duties. including the receiving of instructions. but in no event shall a judge o; clerk receive compensation of less than 8 9.00. Exhibit Page 6 of"! f? (on. as {in the bal- lfmruose of . Itlm muare tillit ticket marks in "flilldute or is. Ila-party . hum. the i1 nhail be on the wills: shall ._E2ildldates .l I . and in filter the luminters - - ults in Hills the - yes or I -tiitlonal crustal-y ll . trauma: 1; ballots "li un~ ?3 ltllicd. in one Each t'ili?tlfl- its more- .3 tuition .- [If the .luake {ii for- tille- I'Itutc litlon :jndl- nuc- all - it"! .ri Ch. 33) Sec. 3.39. Certifying Election Expenses. The secretary of state shall prescribe the manner of certifying. auditing. and pay- election expenses. including the cost of giving notice. renting polling places. embursing judges. clerks. and counters. securing a ballot box. postage. and sta- tionery. and obtaining similar election necessities. Sec. 3.40. Preparation of Voter List. The secretary of state shall prepare both a statewide list and a list by precinct of the names and addresses of all persons who voted in the election and their poli- tical party affiliation if the party af- filiation was specifically declared by the voter. Any person may obtain a copy of the list. or a part thereof. by applying to the secretary state and paying to the state treasury. ee therefor as determ- ined by the secretary of state. Sec. 3.51. Plural Voting. Upon a de? termination that a person has cast more than one general ballot. the secretary of state shall notify the attorney general to proceed to prosecute. Sec. 3.42. Duty to Canvass Vote. The secretary of state shall canvass the vote with the assistance of and in the pres- ence of the appointed representatives from the political parties. Sec. 3.43. Scope of Canvass. The can- vass by the secretary of state shall in- clude a review and comparison of the tallies of paper ballots in the elec- tion poll books with the precinct elec- tion certificates to correct any mathe- matical error in the count of paper bal- lots. (2) a review of the tallies of write?in ballots and a comparison of election cer- tificates as provided by law from pre- cincts using voting machines. and (3) the canvass of absentee ballots as pre- scribed by law. Sec. 3.44. Dates for Opening and Clos- ing State Canvass. The state canvass shall begin six days after the election and be continued daily. except Sundays. until completed. The secretary of state shall close the canvass when he is satis- fied that no missing precinct certificate of election would. if received. change the result of the election. If no election cer- tificate has been received from any pre- cinct. the secretary of state may secure from the election supervisors and may LAWS OF ALASKA, 1960 93 count a certified cepy of the duplicate election certificate of the precinct. If no election poll books have been received but an authorized election certificate has been received by telegram or radio. the secretary of state shall count the election certificate so received. If the secretary has reason to believe that a missing pre- cinct certificate. if received. would affect the result of the election. the secretary of state shall await the receipt of the certi- ficate until four o'clock in the afternoon on the 15th day after the date of elec- tion. Any certificate not actually de- livered to the secretary of state by four o'clock on the 15th day after the elec- tion shall not be counted at the canvass. Sec. 3A5. Certification of State Can- vass. Upon completion of the canvass. the secretary of state shall certify the person receiving the largest number of votes for the office for .which he was a candidate as elected to that office and shall certify the approval of any justice or judge not rejected by a majority of the voters voting on the question. The secretary of state shall issue to the el- ected candidates and approved justices and Judges. a certificate of their election or approval. The secretary of state shall also certify the results of any proposition and other question. Sec. 3.46. Tie Votes. If two or more candidates tie in having the highest num- ber of votes for the same office for which there is to be elected only one candidate, the secretary of state shall so notify the candidates who are tied. The secretarv of state shall immediately proceed with the recount of votes in the manner pro- vided by Part 3. Article IV of this code. Sec. 3.41. Preservation of Election Bal- lots. Papers and Materials. The secre- tary of state shall preserve all precinct election certificates. ballots and other election papers and materials for four years after the election. The secretary of state may permit the inspection of election materials upon call by Congress. the state legislature. or a court of com- petent jurisdiction. Article IV Special Procedures for Elections Part 1. Absentee Voting Sec. 4.01. Persons Who May Vote Ab- Exhihit l) Page. 7 01' 7 .. in. -I - 272 to the holder of a federal lease a state shorelands lease covering any lands with in the exterior boundaries of the federal lease which have been excluded there- from on the basis of navigability or which may subsequently be administra- tively or judicially determined to be "Shore Lands? as defined in paragraph in), Sec. 2, Art. I, Ch. 169, SLA 1959. LAWS OF ALASKA, 1962 (Ch. 125 The term of every shoreland lease shall conform to that of the adjacent federal lease including extended terms. The authority of the state to classify such lands as competitive or noncompetitive shall not be impaired. Sec. 2. This Act takes effect on the day after its passage and approval or on the day it becomes law without such approval. Approved April 16, 1962 CHAPTER 125 AN Relating to elections. Be It enacted by the Legislature of the State of Alaska: Section 1. Sec. 1.01, Art. I, Ch. 83, SLA 1960, is repealed and re-enacted to read: Article I Qualification and Registration of Voters Part I. Qualification of Voters Sec. 1.01. Voter Qualification. Any person may vote at any?election who (1) is a citizen oi the United States, (2) is at least 19 years of age, has been a resident of the state for at least one year immediately pre- ceding the election, (4) has been a resident of the elec- tion district in which he seeks to vote for at least 30 days immediately preced- ing the election, and (5) is able to speak or read the Eng- lish language unless prevented by physi- cal disability, or who voted in the gen- eral election of November 4, 1924. See. 2. Sec. 1.02 (5). G). 83, SLA 1960, is amended to read: (5) No member of the armed forces of the United States or his spouse or dependents is a resident of this state solely by reason of being stationed with in the state. Sec. 3. Sec. 2.08, Ch. 83, SLA 1960, is amended to read: (H.C.S.C.S.S.B. 6} Sec. 2.08. Dates for Designating Prco cinct Boundary. The secretary of state shall designate boundaries of any elec- tion precinct which has been established or modified, not later than 40 days prior to any election. Sec. 4. Sec. 2.11, Ch. 83, SLA 1960, is amended to read: Sec. 2.11. Appointment of Election Supervisors. The secretary of state shall appoint an election supervisor for each of the four major senate districts de- scribed in Sec. 2, Article XIV. of the state constitution to assist in the admin- istration of elections within their re- spective senate districts. The secretary of state may appoint as an election supervisor any person who is a qualified voter of the respective senate district and who does not hold an office in a political party. Election supervisors shall be appointed to scram for a term to begin not more than 90 days prior to the date of the primary nomination or spec* is] election and to end not more than 30 days after the date at the general or special election. Election supervisors shall receive compensation in an amount that is comparable to that received for similar type state employment as de- termined by the secretary of state. Ex- ecutive department employees shall be appointed election supervisors whenever feasible and shall serve without addi- tional compensation. Sec. 5. Sec. 3.03 Ch. 83, SLA 1960. is amended to read: (2) The secretary of state shall Exhibit Page 1 01.M?n?r-?Hi .. . I a 5? .7 t. 7.1 125 35? nhoreland lease shall i" the adjacent federal Jainuded terms. The ?Nile to classify such nr noncompetitive ?lth u?ect on the day itmmval or on the itiut such approval. Hm! April 16.1662 .H. 6) up Pre- iily of state ital any rico- i. nuiuhiinhcri lifiidnyu prior Ill el?llnnilnn a] in shall 13?" each en. {lo til the _-Ilmin .5 i'?lilry it "it?ll ii a fillet: A .I i - M?r ..-. u?h-u Ch. 125]? LAWS OF ALASKA. 1962 273 number ballots in series to assure sim- plicity and secrecy and to prevent fraud. Sec. 6. Sec. 3.03 (5), Ch. 83. 1960. is repealed and rte-enacted to read: The general election ballot shall be printed on white paper with the names of the candidates and their party desig- nations placed in separate sections under the office designation to which they were nominated. The party affiliation. if any. shall be designated after the name of the candidate. The secretary of state and the governor shall be included under the same section. Provision shall be made for voting tor write-in and no-party candidates within each section. Sec. 7. Sec. 3.03. Ch. 83. SLA 1960, is amended by adding a new paragraph {12) to read: (12} All propositions and questions. other than whether a judge or justice shall be accepted or rejected. shall be placed on a ballot other than the ballot containing the names of candidates. Sec. 8. Sec. 3.07. Ch. 83. SLA 1960. is repealed and re-enacted to read: Sec. 3.07. Public Notice of Election Required. The secretary of state shall give and is authorized to contract to give full public notice of the election. and may select any manner reasonably cal- culated to give actual knowledge of the election to the voters. Such notice shall be given by publication thereof at least twice in some newspaper or newspapers of general circulation in each of the four major election districts. Such printed notice shall speci?cally include but is not limited to the date of election. the hours between which the polling places will be open. the offices to which candi- dates are to be nominated or elected. and the subject of the propositions and of questions which are to be voted upon. Public notice shall also be given by post- ing notices in two or more conspicuous places in each election precinct. Said posted notice shall specifically include but is not limited to the date of election. the boundary of the precinct. the location of the polling place. the hours between which the polling places will be open, the offices to which candidates are to be nominated or elected. and the subject of the propositions and of questions which are to be voted upon. Said first publi- cation or posting is to be made not less than 10 days prior to such election. The secretary of state may have published in a newspaper of general circulatiou a precinct map of densely populated pre- cincts where need an such maps is estab- lished. It shall not be necessary for the secretary of state to post or publish any notice other than as hereinbefore pro- vided. Additional notice may be given by use of newspapers. television. radio. printed posters. maps. and any similar means of cammunication deemed neces- sary. The state. through the office of the secretary of state, shall pay the cost of any election expenses incurred in giv- ing notice of any election. See. 9. Sec. 3.24. Ch. 83. SLA 1960. is amended to read: Sec. 3.24. Assisting Voter by Judge. Any qualified voter who is incapable of reading, of marking the ballot, or of signing his name may request any judge or any one or not more than two other persons of his choice to assist him. If the judge is requested. he shall assist the voter. If any other person is re- quested. the person shall state upon oath before the election judge that he will not divulge the vote cast by the person whom he assists. Sec. 10. Sec. 3.36 (1). Ch. 83. SLA 1960. is repealed and re-enacted to read: (1) A voter may mark his ballot only by the use of cross marks. marks. checks. or plus signs that are clearly placed in the square opposite the name of the candidate the voter desires to designate. Sec. 11. Sec. 3.36 (7). Ch. 83. SLA 1960. is repealed and re-enacted to read: (7) Erasures and corrections shall invalidate the ballot. Sec. 12. 3.36 (10). Ch. 83. SLA 1960. is repealed. Sec. 13. Sec. 3.44, Ch. 83. SLA 1960. is amended to read: Sec. 3.44. Dates for Opening and Clos- ing State Canvass. The state canvass shall begin six days after the election and be continued daily until completed. The secretary of state shall close the canvass when he is satisfied that no missing precinct certificate of election would. it received. change the result of the election. If. no election certificate Exhibit Page 2 oi'S -- . . . u??Iak-?w- - - - . 274 LAWS OF ALASKA, 1962 has been received from any precinct. the secretary of state may secure from the election supervisors and may count a certi?ed copy of the duplicate election certificate of the precinct. If no election poll books have been received but an authorized election certificate has been received by telegram or radio. the sec- retary of state shall count the election certificate so received. If the secretary has reason to believe that a missing pre- cinct certificate if received would affect the result of the election. the secretary of state shall await the receipt of the certificate until four o'clock in the after- noon of the 15th day after the date of election. Any certificate not actually de- livered to the secretary of state by four o'clock on the 15th day after the elec- tion shall not be counted at the canvass. Sec. 14. Sec. 3.47. Ch. 83. SLA 1960. is amended to read: Sec. 3.47. Preservation of Election Ballots, Papers. and Materials. The sec- retary of state shall preserve all precinct election certificates. tallies. and registers for four years after the election. All ballots and stubs may be destroyed 30 days after the certification of state can- vass unless an application for recount has been filed and not completed. or un- less their destruction is stayed by an order of the court. The secretary of state may permit the inspection of elec- tion materials upon call by Congress. the state legislature. or a court of com- petent jurisdiction. See. 15. Sec. 4.73. Ch. 83. SLA 1960, is amended to read: Sec. 4.73. Requirement of Deposit. The application shall include a deposit in cash. by certified check, or by bond with a surety approved by the secretary of state. The amount of the deposit is $50 for each precinct. $250 for each elec- tion district. $500 for each major senate district. and $2,000 for the entire state. However, if the recount includes an of- fice for which candidates received a tie vote, or the difference between the number of votes cast for the two candi- dates receiving the largest number of votes was 10 or less or was less than .5 percent of the total number of votes cast for the two candidates for the con- tested office. or a question or proposition for which there was a tie vote on the issue, the application need not include (Ch. 125 any deposit. If. on the recount. a candiv date other than the candidate who re- ceived the original electitJn certificate is declared elected. or if the vote on re- count is determined to be four percent or more in excess of the vote reported by the state canvass for the candidate applying for the recount or in favor or opposed to the question or proposition as stated in the application. the entire deposit shall be refunded. If the entire deposit is not refunded. the secretary of state shall refund any monies remaining after the cost of the recount has been paid from the deposit. Sec. 16. Sec. 5.03. Ch. 83. SLA 1960, is amended to read: Sec. 5.03. Requirements of Declara- tlon of Party Candidacy. Any member of a political party who seeks to become a candidate of the party in the primary nomination shall execute and file a declaration of candidacy. The declara- tion shall be executed under oath before an officer authorized to take acknowledg- ments and shall state in substance: (1) the full name of the candidate and the manner in which he wishes his name to appear on the ballot: (2) the full resi? dent address of the candidate: the full mailing address of the candidate: (4) if the candidacy is for the office of state senator or state representative, the election or senate district of which the candidate is a resident; (5) the office for which the candidate seeks nominao tion; (6) the name of the political party of which he is a candidate for nomina- tion: (7) the date of the primary nomina- tion at which the candidate declares himself to be a candidate: (8) that the candidate meets the specific residency requirements of the office for which he is a candidate: (9) that the candidate will meet the specific citizenship require- ments of the office for which he is a candidate: (10} that the candidate is a qualified voter as required by law: (11) that the candidate will meet the specific age requirements of the office for which he is a candidate: (12) that the candidate if nominated and elected will support the principles of the party he seeks to represent: (13) that the candidate re- quests that his name be placed on the party primary nomination ballot: and (14) that the required fee accompanies the declaration. Exhibit Page 3 MS is" . L. 1 . - .. (Ch. 125 _liiu recount. a candi- il A candidate who re- election certificate . or if the vote on re- in be four percent It the mte reported im' the candidate . int or in favor or "yin or proposition iiltilun. the entire if the entire '1 lite secretary of lithium remaining has been .5: in. am 1900. "a nf "unturn- "y member .t I in "llm primary "Find file a ?l film! himint ill 1 "It? "It! lime in 2 ill I'mll- ilm Mill": lie of the .m Julian min-i- it My till}! - '03: ?its! i - .- f?ij- I In. 9h. 125) LAWS OF ALASKA. 1962 275 Sec. 17. Sec. 5.04. Ch. 83. SLA 1%0. is amended to read: Sec. 5.04. Manner and Date of Filing Declaration. The declaration is filed by either (1) the actual physical delivery of the declaration by mail or in person on or before 5:00 pm. Alaska Standard time on the first day of May of the year in which a general election is held for the office. or (2) the actual physical delivery by telegram of a copy in sub- stance of the statements made in the declaration on or before 5 :00 pm. Alaska Standard time on the first day of May of the year in which a general election is held for the of?ce. and also the actual physical delivery of the original declara- tion postmarked on or before 5:00 pm. Alaska Standard time on or before the first day of May of the year in which a general election is held for the office. Candidates for state-wide offices shall file with the secretary of state. Candi- dates for district-wide offices shall file with any clerk of the superior court in the major senate district of which the candidate is a resident. The clerk of the superior court shall immediately for- ward the declaration to the secretary of state. If the first day of May is a Sunday or holiday. declaration may be filed no later than 5:00 p.m. Alaska Standard time on the following day. See. 18. Sec. 5.11. G: 83. SLA 1960. is amended to read: Sec. 5.11. Filling Vacancies by Party Petition. If any candidate nominated at the party primary nomination dies, withdraws. resigns. becomes disqualified from holding office for which he is nomi- nated. or is certified as being incapaci- tated in the manner prescribed by this section after the primary nomination and 10 days or more before the general election. the vacancy may be filled by party petition. The central committee of any political party or any party dis- trict committee may certify as being incapacitated any candidate nominated by their respective party by presenting to the secretary of state a sworn state- ment made by a panel of three licensed physicians. not more than two of whom shall be of the same political party. that the candidate is physically or mentally incapacitated to an extent that would in his judgment prevent the candidate from active service during the term of office if elected. The secretary of state shall place the name of the person nomi- nated by party petition on the general election ballot or. if the general election ballot has been prepared. the secretary of state or the election officials directed by the secretary of state shall prepare. print. and distribute a sufficient number of gummed labels or stickers bearing the name of the candidate to fill the vacancy to each voting precinct with instructions that the election judges shall place one of the stickers or labels on the appro- priate place on each ballot before the ballot is handed to the voter. The name of any candidate disqualified Under the provisions of this section shall not ap- pear on the general election ballot. Sec. 19. Sec. 8.25, Ch. 83, SLA 1960. is amended to read: Sec. 8.25. Date of Nominations. Can- didates for the special election shall be nominated by petition transmitted by either (1) the actual physical delivery of the petition in person, by mail postmarked not later than midnight of the filing date. or (3) by telegram of a copy in substance of the statements made in the petition to the secretary of state on or before the 20th day after the vacancy occurs. Sec. 20. Sec. 8.35. Ch. 83. SLA 1900, is amended to read: Sec. 8.35. Date of Nominations. Can- didates for the special election shall be nominated by petition transmitted by either actual physical delivery of the petition in person. (2) by mail post- marked not later than midnight of the filing date. or by telegram of a copy in substance of the statements made in the petition to the secretary of state on or before the 20th day after the vacancy occurs. Sec. 21. Sec. 8.62. Ch. 83. SLA 1960. is amended to read: Sec. 8.62. Designation of Nominees by Petition. If the vacancy occurs less than one calendar month before the filing date and more than three calendar months before the next general election. candidates shall be nominated by peti- tion transmitted by either the actual physical delivery of the petition in per- sonI (2) by mail postmarked not later than midnight of the filing date. or (3) Exhibit Page 4 ofS . . ..- . . . --. - - I I by telegram of a copy in substance of the statements made in the petition to the secretary of state on or before the first of September immediately preced- ing the special election. See. 22. Sec. 9.02, Ch. 83. SLA 1960. is amended to read: Sec. 9.02- Filing Application. An initiative is proposed by filing an appli- cation with the secretary of state. A deposit of 8100 shall accompany the ap- plication. This deposit will be retained if a petition is not properly filed. If a petition is properly filed, the deposit shall be refunded. Sec. 23. Sec. 9.32, Ch. 83. SLA 1960, is amended to read: Sec. 9.32. Filing Application. A refer- endum is proposed by filing an applica- tion with the secretary of state. A deposit of 3100 shall accompany the application. This deposit will be re- tained it a petition is not properly filed. It a petition is properly filed. the deposit shall be refunded. 276 LAWS OF ALASKA, 1962 (Chs. 126, 127 Sec. 24. Sec. 9.72, Ch. 83. SLA 1960. is amended to read: Sec. 9.72. Filing Application. The re- call of the governor or a member of the state legislature is proposed by filing an application with the secretary of state. The recall of the secretary of state is proposed by filing an application with the attorney general, who shall perform the duties imposed on the secretary of state in the recall of other elected state officials. A deposit of 3100 shall ac- company the application. This deposit will be retained ii a petition is not pro- perly filed. If a petition is properly ?led the deposit shall be refunded. Sec. 25. Art. XI, Ch. 83, SLA 1960, is amended by adding a new Sec. 11.28 to read: Sec. 11.26. Voting after Disqualifica- tion. Any voter disqualified under Sec. 1.03 who votes or attempts to vote in any election shall be guilty of a mis- demeanor. Approved April 11?. 1962 CHAPTER 126 AN ACT Relating to the effective date [or changes to the Alaska Election (lode; and providing for an ellective date. Be it enacted by the Legislature of the State of Alaska: Section 1. The changes to the Alaska Election Code made by House Committee Substitute for Committee Substitute for (5.3. 29?) Senate Bill No. 6, as amended (Ch. 125. SLA 1962). become effective April 15, 1952. See. 2. This Act takes effect on the day after its passage and approval or on the day it becomes law without such approval. Approved April 1962 CHAPTER 12'? AN ACT Approving salary schedules [or a pay plan for state employees pursuant to provisions o! the State Personnel Act at 1900; and providing tor an eilective date. Be it enacted by the Legislature of the State of Alaska: Section 1. The following salary 472) schedules are approved pursuant to prev visions of Sec. 13(2) and Sec. 24, Ch. 144. SLA 1960. as the pay plan for employees of the State of Alaska: Exhibit E- Page. 5 MS DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ANCHORAGE BRANCH 1031 W. FOURTH AVENUE. SUITE 200 ANCHORAGE. ALASKA 99501 PHONE (907) 269-5100 0 anc.law.ecf@alaska.gov IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ALYSE GALVIN, Plaintiff, v. STATE OF ALASKA, DIVISION OF Case No. 3AN-20-07991 CI ELECTIONS, and Gail Fenumiai, Director of the Division of Elections, Defendants. CERTIFICATE OF SERVICE I certify that on September 17, 2020 a true and correct copy of the Opposition to Motion for Temporary Restraining Order/Preliminary Injunction and this Certi?cate of Service was served via email on the following: Kevin Feldis Sarah L. Schirack Perkins Coie, LLP Perkins Coie, LLP Email: KFeldis@perkinscoie.com Email: SSchirack@perkinscoie.com Honorable Jennifer S.Henderson Superior Court Judge Email: jisaako@akcourts.us Litigation Assistant