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AK State Officials Appealed Ballot Witness Decision


On Oct. 6th, Alaska State Officials Appealed a Lower Court Ruling Suspending Alaska's Absentee/Mail-in-Ballot Witness Requirement to the State Supreme Court. The State has asked the Supreme Court for a Decision by Oct. 12th.

This Problem started, when the PostMaster Reversed the Abilty of Alaska Postal Workers to Witness a Mail-in-Ballot.

On Oct. 5th, Superior Court Judge, Dani Crosby ruled "application of the Witness Requirement during the pandemic impermissibly burdens the right to vote."

Crosby did Not Bar Enforcement of the Requirement, anticipating that the State might Appeal the Decision: "If Defendants seek review from the Alaska Supreme Court, they may wish to request a stay of this order – by delaying entry of the preliminary injunction order, the court may avoid confusion that would result from issuing an order eliminating the Witness Requirement, then staying it while the matter is before the Alaska Supreme Court."

Alaska Law requires a Notary or an Adult Witness to Sign Ballot Return Documents.

The Plaintiffs including, the Arctic Village Council and the League of Women Voters of Alaska, argue that they and other Voters, "should not be forced to choose between risking exposure to COVID-19 through complying with the Witness Requirement or forgoing their right to vote."

The Defendants said the Plaintiffs "waited too long to seek relief from the court and that the doctrine of laches requires the court to dismiss their complaint."

Under the Laches Doctrine, a Party is Not Entitled to Pursue a Claim if the Plaintiff has "unreasonably delayed in bringing the action."










NYC Wins When Everyone Can Vote! Michael H. Drucker


     
 
 


This post first appeared on The Independent View, please read the originial post: here

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AK State Officials Appealed Ballot Witness Decision

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