Alaska
State of Alaska Division of Elections
Contact Info: gail.fenumiai@alaska.gov
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On 2/22/2012 6:21 AM, P wrote:CDR Kerchner,
I am in the process of developing a ballot complain in my state of AK. Here’s what the AK law states:**”In accordance with AS 15.25.042 and 6 AAC 25.260, a person may question the eligibility of a candidate who has filed a Declaration of Candidacy or Nominating Petition with the Division of Elections for any statewide or district-wide office by filing a complaint with the Director of Elections. A complaint must be filed no later than the 10th day after the filing deadline.The complaint must be in writing and include the name, mailing address, contact number and signature of the person making the complaint. The complaint must include a statement in 200 words or less of the grounds for why the candidate’s eligibility is being questioned.For further information on how to file a complaint, please review the above referenced statute and regulation.”**As you can see above, it can only be 200 words or less, I need advice on the structure and content. My main focus is going to be on his non-natural born citizen status. In your opinion, since you just did this, should I use the outline form that you submitted, here:or would a complaint just be in paragraph form? Also, with 200 words, should I expand into his B.C and SSN fraud or just stick to NBC because it’s cut and dry? I just have one more question, why are you having to appear at a hearing? Is that just standard procedure for Pennsylvania or is this something I may have to do? The AK law simply states that the director will review the evidence submitted by the candidate and ask him for additional information, she will then make a ruling one way or the other. I just want to make sure I’m not going to have to go to a hearing because I am in Afghanistan. Thank you sir- P
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Updated 1/10/12
When I called Alaska, bingo this gal Laurie Wilson, the Election Coordinator was all over this issue without hesitation.
If you go to the Title 15 link below (you may have to press alt or shift while clicking to get the link to work) and query a search for AS 15.25.042 you will find this:
Sec. 15.25.042. Eligibility of a candidate.
(a) If the director receives a complaint regarding the eligibility of a candidate for a particular office, the director shall determine eligibility under regulations adopted by the director. The director shall determine the eligibility of the candidate within 30 days of the receipt of the complaint.
(b) Except as provided in (c) of this section, the director shall determine the eligibility of the candidate by a preponderance of the evidence.
(c) If a candidate for the legislature has been registered to vote at any time during the 12 months preceding the filing of the declaration of candidacy in a district other than the district in which the declaration of candidacy has been filed, the director may not determine that a candidate is eligible except under a standard of clear and convincing evidence.
(d) A person may not be a resident of two districts at the same time.
If you go to the Title 6 link below and query a search for 6 ACC 25.260 you will find this: (You may have to inch your way through the statute link by link, the first time I queried it, it worked but after that it didn’t)
6 AAC 25.260. Complaints regarding eligibility of a candidate
(a) Any person may question the eligibility of a candidate who has filed a declaration of candidacy or nominating petition with the director for statewide or districtwide office, by filing a complaint with the director. A complaint regarding the eligibility of a candidate must be received by the director not later than the close of business on the 10th day after the filing deadline for the office for which the candidate seeks election.
(b) The complaint must be in writing and include the name, mailing address, contact phone number, and signature of the person making the complaint, and a statement in 200 words or less of the grounds, described in particular, on which the candidate’s eligibility is being questioned.
(c) The director will review only those issues in the complaint related to candidate qualifications established by the United States Constitution, the Alaska Constitution, or the Alaska Statutes. Grounds cited in the complaint other than those related to candidate qualifications established by law or grounds related to issues under the authority of the Alaska Public Offices Commission under AS 15.13 will not be considered by the director under this section.
(d) Upon receipt of a complaint, the director will review any evidence relevant to the issues identified in the complaint which is in the custody of the division including the candidate’s registration record, declaration of candidacy, or nominating petition, and, in the discretion of the director, any other document of public record on file with the state. Based on the review of the public documents, the director will determine whether a preponderance of evidence supports or does not support the eligibility of the candidate.
(e) The director will send notification in writing to the candidate whose eligibility is being questioned that a complaint has been received. The notification will include a copy of the complaint, and, based on the director’s review of the public documents, a statement as to whether a preponderance of evidence supports or does not support the eligibility of the candidate.
(f) If the director determines that a preponderance of evidence supports the eligibility of the candidate, the director will issue a final determination upholding the candidate’s eligibility.
(g) If the director determines that a preponderance of evidence does not support the eligibility of the candidate, notice to the candidate will identify any additional information or evidence that must be provided by the candidate in support of his or her eligibility, and the date by which the requested information must be received by the director. The director will consider any additional information provided by the candidate in issuing a final determination as to the candidate’s eligibility.
(h) If the information requested by the director under (g) of this section is not received from the candidate by the specified deadline, the director will issue a final determination regarding the candidate’s eligibility based on the public records initially reviewed.
(i) Upon issuing a final determination as to the candidate’s eligibility, the director will send notice of the determination in writing to the person making the complaint and to the candidate. The determination of the director is final.
(j) Nothing in this section limits the authority of the director to evaluate a candidate’s eligibility for office.
