Supreme Court hears arguments over write-in lists

October 29, 2010|by Jason Lamb | Channel 2 News

ANCHORAGE, Alaska — In the latest on the legal battle over whether write-in candidate lists should be made available to voters at the polls, the Alaska Supreme Court heard arguments from the Alaska Division of Elections, the Lisa Murkowski Campaign, the Alaska Republican Party and the Alaska Democratic Party.

Four justices -- Dana Fabe, Morgan Christen, Craig Stowers and Daniel Winfree -- heard the arguments. Chief Justice Walter Carpeneti was not present.

Attorneys for the Republican and Democratic parties argued that issuing a list of write-in candidates to voters was unprecedented in Alaska, and that it was inappropriate for the state to suddenly change its regulations for the election.

The two parties argued that the list amounted to candidate information, which is prohibited by law to be given out near polling places.

The state and the Lisa Murkowski campaign responded to the Republican and Democratic Party's allegations, saying the state simply was anticipating voter confusion with the write-in candidacy of Lisa Murkowski, and produced the list to help with that confusion.

During the oral arguments, justices questioned the state about when a list of write-in candidates would be given to a voter.

Justice Dana Fabe questioned Assistant Attorney General Margaret Paton-Walsh about what would happen if a voter told a poll worker, "I want to vote for Lucy Murkowski," referencing an incorrect first name for Lisa Murkowski.

Paton-Walsh said under that circumstance, a voter would be given a list of write-in candidates to look at, because the state says intent of the voter is what matters, and the likely intent of someone asking about "Lucy Murkowski" would be to vote for Lisa Murkowski.

The justices adjourned shortly before noon to consider their final opinion on the matter, which would be enforced at the polls on Election Day. The state had argued that a final decision was needed by the end of business Friday in order to properly instruct poll workers about what to do regarding the write-in lists in time for Tuesday's election.

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