Judge cancels hearing as Democrats and state report fixes for five rural voting sites

Superior Court Judge Thomas A. Matthews on Monday canceled a hearing in the Alaska Democratic Party's lawsuit over rural absentee-in-person voting. The party and the state had told him they found solutions for the last five communities in dispute and asked him to call off the hearing. His order put the party's emergency request on hold until the court orders otherwise, without ruling on it.

The five are Alakanuk, Chignik Bay, Goodnews Bay, Holy Cross and Kongiganak. None could confirm an absentee voting official for Monday, which was their last scheduled day of absentee-in-person voting. The order does not describe the solutions. The state said all five will have in-person voting at a polling place on Election Day.

On Oct. 23, state Sen. Bill Wielechowski, an Anchorage Democrat, wrote to Lt. Gov. Nancy Dahlstrom and Elections Director Carol Beecher that sites in 18 communities reportedly had not opened Oct. 19 to 21.

The party sued Friday, Oct. 30, in Anchorage Superior Court, naming Dahlstrom, Beecher and the division. Its complaint said advertised sites in 18 rural communities did not open or operate as advertised.

The party argued that state law requires the division to supply the officials it designates with ballots and materials and to supervise absentee voting so each site stays open for its advertised hours. It asked for an order to open every site and keep each open through 8 pm Tuesday.

"Voters traveled sometimes significant distances, including by boat or by plane, to vote as the Division indicated they could. They were turned away," the complaint said.

The state said 13 of the 18 communities had officials available for Monday. Newhalen and Nanwalek are the only two of the 18 without an Election Day polling place, it said, and both had officials confirmed for Monday. Nanwalek's official will also be available on Election Day.

The state's opposition argued the request was barred by laches, a doctrine that can block relief when a party waits too long to ask for it. It said state law lets the division decide whether to designate absentee voting officials at all, while it requires early voting.

"Absentee in person voting is not required by statute or the Constitution and neither the Division nor the Court can force a location to open, least of all with an order issued Monday morning at the earliest," Assistant Attorney General Lael A. Harrison wrote.

Matthews ordered the two sides to meet and look for a solution, and they reported back by email.

The Midnight Sun Independence Fund, a nonprofit that says its mission includes educating rural voters, dropped a similar suit Sunday, citing a settlement with the state.