Alaska: Knowns and Unknowns Among Uncounted Ballots | Alaska Public Media

With a few candidates up and down the ticket unsure whether they won or lost, a lot of Alaskans are looking to the thousands of ballots that remain uncounted. Division of Elections chief Gail Fenumiai says it’s too early to say exactly how many ballots are outstanding. “Right now we have, in the offices within the state, 23,608 absentee and early votes that are eligible to be counted,” said at mid-day today. They are from voters who live throughout the state, not in any particular district. “The majority of them are from non-rural areas of the state, meaning Anchorage, Fairbanks, Juneau, the Mat-Su area,” she said. Those are, if you will, the known unknowns. But there are thousands of other kinds of ballots to be added to the total. It’s not clear how many are in these other categories.

Alaska: Online Voting Leaves Cybersecurity Experts Worried | IEEE Spectrum

Some Americans who lined up at the ballot boxes on Tuesday may have wished for the convenience of online voting. But cybersecurity experts continue to argue that such systems would be vulnerable to vote tampering — warnings that did not stop Alaska from allowing voters to cast electronic ballots in a major election that had both a Senate seat and the governorship up for grabs. There was no evidence of tampering during the first use of Alaska’s online voting system in 2012. But cybersecurity experts have gone on the record as saying that hackers could easily compromise or alter online voting results without being detected. Alaska’s own election site includes a disclaimer about votes cast through online voting or by fax. “When returning the ballot through the secure online voting solution, your are voluntarily waiving your right to a secret ballot and are assuming the risk that a faulty transmission may occur,” according to Alaska’s Division of Elections website.

Alaska: Hackers Could Decide Who Controls Congress Thanks to Alaska’s Terrible Internet Ballots | The Intercept

When Alaska voters go to the polls tomorrow to help decide whether the U.S. Senate will remain in Democratic control, thousands will do so electronically, using Alaska’s first-in-the-nation internet voting system. And according to the internet security experts, including the former top cybersecurity official for the Department of Homeland Security, that system is a security nightmare that threatens to put control of the U.S. Congress in the hands of foreign or domestic hackers. Any registered Alaska voter can obtain an electronic ballot, mark it on their computers using a web-based interface, save the ballot as a PDF, and return it to their county elections department through what the state calls “a dedicated secure data center behind a layer of redundant firewalls under constant physical and application monitoring to ensure the security of the system, voter privacy, and election integrity.” That sounds great, but even the state acknowledges in an online disclaimer that things could go awry, warning that “when returning the ballot through the secure online voting solution, your are voluntarily waving [sic] your right to a secret ballot and are assuming the risk that a faulty transmission may occur.”

Alaska: ‘Over-voting’ was common problem for absentee voters | Juneau Empire

The review of absentee and questioned ballots cast in Tuesday’s municipal election revealed a general sense of confusion among many Juneau voters. City and election officials tallied 1,447 additional ballots during a public review Friday at the City and Borough of Juneau Assembly Chambers. The certified official results will be announced Oct. 14, after the remaining mail-in ballots trickle in. Election officials noted that counting machines continually rejected “over-voted” ballots in which too many candidates were chosen in a particular race. These errors disqualified that race on those ballots, though the rest of the correctly completed votes on the erroneous ballots were counted.

Alaska: Translators scramble to meet election deadline | Juneau Empire

Translators are scrambling this week to meet a Friday deadline ordered by a federal judge to provide outreach and poll workers with election materials and voting information that have been translated into Yup’ik or Gwich’in. Gwich’in translators Allan Hayton and Marilyn Savage in Fairbanks are finding the work challenging, KUAC reported. “Some of it is very technical language, legal jargon,” Hayton said. But Hayton and Savage are up to the task, having translated other materials, including Shakespeare, according to Hayton. “Marilyn and I worked last year translating King Lear into Gwich’in, so we’re used to difficult challenges but we’re happy to do this.”

Alaska: Why Vote Counting in Alaska Takes a Long Time | Roll Call

An Alaska Senate race has the potential to once again remain undecided well after the election, and this time the wait could keep control of the Senate up in the air until at least mid-November. December and January runoffs are possible in two other states with Senate races, so it could be even longer before either party can claim a majority of seats in the chamber in the next Congress. Senate Republicans need a net gain of six seats to take control. But the reason for the holdup in Alaska is, like the state itself, unique. In the Last Frontier State, the regular delay in races being called is largely a product of two confluent circumstances: close contests and an increased emphasis by campaigns on absentee voting, a get-out-the-vote method pushed to help compensate for the state’s travel and voting complications. The need to encourage absentees is a reality in one of the most topographically challenging states for campaigns in the country. Prop planes are often required for candidates to reach the state’s vast rural areas and even for timely travel between cities close in proximity but separated by mountains or water. And state officials running the election face similar logistical hurdles: All ballots are eventually transported by air to Juneau, a capital only accessible by boat or plane.

Alaska: Plaintiff says they won’t appeal ballot lawsuit ruling | Juneau Empire

The plaintiff in a lawsuit challenging the merged campaigns of two Alaska gubernatorial candidates will not appeal a judge’s ruling that an emergency order allowing the ticket was valid, he said Monday. Plaintiff Steve Strait said, however, that state lawmakers should enact a permanent regulation to address a legal “train wreck” — the label used by Superior Court Judge John Suddock in describing a gap in Alaska election statutes. Suddock sided with the state on Friday.

Alaska: Judge rules Walker-Mallott ticket can stand | Alaska Dispatch

An Alaska Superior Court judge Friday morning denied a complaint brought by a Republican Party official that could have unraveled the “unity” ticket of gubernatorial candidate Bill Walker and his running mate, Byron Mallott. Steve Strait, an Anchorage district chair of the Alaska Republican Party, said he will decide over the weekend whether to appeal the decision to the state Supreme Court. Judge John Suddock said the lieutenant governor and the Division of Elections acted appropriately when they issued an emergency regulation Sept. 2 allowing the merger of the “nonparty” ticket, though primary voters had previously chosen Mallott as the Democratic nominee for governor. In a lengthy explanation of his decision, Suddock said he was constrained by three decades of precedent, including a Supreme Court ruling, attorney general opinions, similar decisions by past lieutenant governors, and numerous Legislatures that had “OK’ed this kind of monkey business after the primary” by not creating a statute to address such situations.

Alaska: Judge sides with state in ballot lawsuit | Juneau Empire

A judge on Friday sided with the state of Alaska and ruled against a lawsuit that challenged the merged campaigns of two candidates in the governor’s race. Anchorage Superior Court Judge John Suddock ruled that an emergency order issued by Lt. Gov. Mead Treadwell that allowed the merger was valid. The state argued that invalidating the order would leave the November election in shambles and disenfranchise voters, saying more than 2,400 overseas ballots have already been mailed out. “The people of the state of Alaska expect an election,” Suddock said after opposing sides had presented their oral arguments. “They expect to have a choice.” The lawsuit was filed last week by Steve Strait, an Alaska Republican Party district chair. Strait maintained Treadwell erred in his Sept. 2 order, which permitted candidates affected by the merger to officially withdraw from their respective races.

Alaska: State, plaintiffs prepare ballot-lawsuit arguments | Associated Press

The Alaska gubernatorial election could be derailed and thousands of voters disenfranchised if a lawsuit challenging the merged campaigns of two candidates is successful, state lawyers argue in court documents ahead of oral arguments Friday. "This court should not lightly order a remedy that will interfere with an ongoing election and disenfranchise Alaska's voters," Assistant Attorney General Margaret Paton-Walsh, representing the defendants, wrote in documents filed in the lawsuit against Lt. Gov. Mead Treadwell and elections director Gail Fenumiai. The filing says more than 2,400 overseas ballots have already been mailed out. The lawsuit filed last week by an Alaska Republican Party district chair, Steve Strait, challenges an emergency ruling that allowed Democratic gubernatorial nominee Byron Mallott to join his campaign with now-independent candidate Bill Walker and run as Walker's lieutenant governor.

Alaska: Judge orders state to add language help for voters in Alaska villages | Alaska Dispatch

A federal judge directed Alaska election officials on Monday to comply with the federal Voting Rights Act by expanding their language outreach to Yup’ik- and Gwich’in-speaking villagers for the November election U.S. District Judge Sharon Gleason told state officials they must provide written translations of most of the important election materials they give to English-speaking voters, including candidate statements in the official election pamphlet mailed to every voter in Alaska. She also directed them to increase six-fold the number of hours that bilingual outreach workers are paid to help Yup’ik and Gwich’in speakers understand the ballot and their right to vote. She ordered state officials to provide material in Yup’ik dialects when Central Yup’ik would be misunderstood in the Dillingham and Wade Hampton census

Alaska: Judge rules in Alaska Native voting rights case | Associated Press

A federal judge on Monday ordered the state to take additional steps to provide voting materials to Alaska Native voters with limited English for the upcoming election. U.S. District Court Judge Sharon Gleason ordered the state to distribute translated announcements to be read on radio that include information on early voting, races and initiatives on the November ballot. The state, among other things, must make available on its website translations of election material in Yup'ik dialects and provide to outreach workers translations of such things as candidate statements, initiative summaries and pro and con statements on the initiatives. The Division of Elections also is to provide translations to the plaintiffs in the case to get their input.

Alaska: Attorney’s Respond to State’s Proposed Translation Plan | Alaska Public Media

Attorneys have responded to the State of Alaska’s proposed plan to address a state Supreme Court order to improve translation of voting materials in Native languages before November 4th Elections. In a 30-page document, Attorneys with the Native American Rights Fund, representing Yup’ik and Gwich’in Alaska Native voters, asked for five main changes before election day. NARF Attorney Natalie Landreth says the most important request is that the state have bilingual help for Native language voters in every community where it’s needed. Voters at the Lower Kuskokwim School District choosing primary election ballots on Tuesday, August 19th, 2014. “You have to have a bilingual person in place in each place in each village in advance of the election and on election day, that’s number one. Number two: you have to have written translations in Yup’ik of the ballot measures, the pro and con statements, the neutral summaries and the complicated pre-election information like what early voting is, how to get registered,” said Landreth.

Alaska: State Presents Election Translation Plan | Alaska Public Media

The state of Alaska is proposing several changes in how they deliver voting information to Alaska Natives whose first language is Yup’ik or Gwich’in. The state is offering the changes after a federal judge issued a decision in a voting rights lawsuit last week. U.S. District Judge Sharon Gleason ordered the state to better help voters who speak Yup’ik and Gwich’in understand their ballots. Elizabeth Bakalar is the lead attorney for the state on the case. She says that the state is focused on three areas: “That voters need better information ahead of the election that language assistance is available, that outreach workers need to be better prepared to provide language assistance voters especially prior to election day and to better address certain dialectical differences. So those are the three areas which the interim remedies we’re proposing are meant to target and certainly any long term remedies would probably target those areas as well.” Bakalar explains, the state is preparing different versions of ballot language to send to tribal councils and outreach workers to reflect different dialects. She says they’re looking for feedback from speakers.

Alaska: Native Alaskans secure a voting rights victory in court | The Washington Post

The state of Alaska says it will do a better job offering language assistance to its native population following a federal court ruling this week. The ruling marks the end of a legal campaign that began a year ago when the state was sued by four tribes and two native voters for failing to provide sufficient ballot language assistance. After a nine-day trial earlier this summer, U.S. District Court Judge Sharon Gleason on Wednesday issued her ruling, asking the state to submit a proposal by Friday for changes that could be implemented before the November election. “This case boils down to one issue,” Natalie Landreth, an attorney with the Native American Rights Fund, which filed the lawsuit with two national law firms, said in a statement following the ruling. “English speakers receive a 100-page Official Election Pamphlet before every election and Yup’ik speaking voters have been receiving three things: the date of the election, the time of the election, and a notice that language assistance will be available at the poll.  That’s it.  That is a very clear violation of the law, and it has to change, now.”

Alaska: Judge: Election officials broke voting rights law; must help Yup’ik, Gwich’in voters | Fairbanks Daily News-Miner

State elections officials broke a federal voting rights law by failing to provide sufficient election information in Alaska Native languages, a U.S. District Court judge ruled Wednesday, causing the state to scramble for improvements before the November election. Attorneys with the Native American Rights Fund filed a federal lawsuit in 2013 on behalf of four Alaska Native village councils and two Native men alleging the state violated the U.S. Voting Rights Act by failing to provide translated voting materials for voters who do not speak and read English. The villages — Venetie, Arctic Village, Togiak and Hooper Bay — as well as Manokotak resident Mike Toyukak and Alakanuk resident Fred Augustine, were denied their voting rights, because the state did not provide an election pamphlet translated to Gwich’in or Yup’ik, Gleason ruled.

Alaska: Native language speakers win lawsuit against state | Alaska Dispatch

A federal judge in Anchorage ruled Wednesday morning that the state elections division violated the U.S. Voting Rights Act by failing to provide ballot and candidate information in Native languages to Yup’ik and Gwich’in speakers in three rural regions of Alaska. In a big victory for Native rights advocates, U.S. District Judge Sharon Gleason rejected the state’s assertions that it had done enough in Southwest Alaska and the Interior by providing bilingual poll workers and “outreach” personnel. Gleason said the state’s effort failed to provide “substantially similar” information in Native languages as it does in English. While the plaintiffs -- two Yup’ik-speaking elders and four federally recognized village tribes -- had sought to have all election materials made available in Native languages, Gleason focused on the official election pamphlet sent to all residents of Alaska in English. The state didn’t do enough to help voters with limited English proficiency gain access to the information in the pamphlet, she said.

Alaska: Democrat and independent challengers to Gov. Sean Parnell negotiate merging campaigns | Associated Press

The two challengers to Gov. Sean Parnell are discussing uniting their campaigns, representatives of the candidates said Monday. Democrat Byron Mallott and independent candidate Bill Walker were in their second day of discussions Monday about whether they would run as a bipartisan or non-partisan ticket, Mallott spokeswoman Laury Scandling said in an email to The Associated Press. A formal statement was expected by noon Tuesday, said Scandling, who added that she plans to leave the campaign at the same time. Any changes to the ballot have to be made by Tuesday.

Alaska: Yup’ik Voters Give Ballot Translation Mixed Reviews | Alaska Public Media

Alaska Native voters in the Yukon-Kuskokwim region of Western Alaska gave the Yup’ik language primary ballot translations mixed reviews. All eight of the Yup’ik voters that KYUK talked with said they needed help understanding what they were voting on. Elder Jacob Nelson is originally from the coastal village of Kwigilingok. He moved to Bethel in the 1970′s and he speaks mostly Yup’ik, and very little English. He says leading up to Alaska’s primary election, he heard some information on the radio in his language about an oil tax referendum. “I only ever heard about the ballot initiative on radio, not from anyone else.”

Alaska: Ballots fraught with issues for Yup’ik speakers | Al Jazeera

Ahead of tomorrow’s primary elections in Alaska, every voter in the state should have received a pamphlet that introduces the candidates, describes ballot issues and explains how to vote. The pamphlets are available in Spanish and Tagalog — but not Yup’ik, a language spoken by Alaska Natives, even though it is among the most commonly spoken languages in the state. At least 10,000 people speak Yup’ik, according to the Alaska Native Language Center at the University of Alaska at Fairbanks. It’s the second-most-spoken Native language in the U.S., after Navajo. Many speakers live in the community of Bethel or surrounding smaller rural villages in southwestern Alaska.

Alaska: Ballot Language Confusing for Some Voters | KTUU

Ballot Measure 1 takes up more than a page of Alaska’s primary ballot. It includes technical information about tax credits for North Slope producers, and explains how a barrel of Alaska oil is valued and taxed. Many voters, however, say they're confused by what otherwise would be a simple yes-or-no vote on the measure, which seeks to repeal Senate Bill 21. "I've seen a lot of ‘No on 1’ and ‘Yes on 1’ signs, but it's really confusing what it means,” said voter Jenny Lynes. In Ballot Measure 1’s case, voting "yes" at the polls actually means "no" to SB21, Gov. Sean Parnell’s reduction of oil taxes passed by the state Legislature and signed into law in 2013. A "no" vote actually means "yes" to keeping the law on the books. The legislation itself is also complex, setting a tax rate for oil produced in the state and the profits for oil companies and the state of Alaska.  The law went into effect in January of this year. It's the only ballot question facing voters in the Aug. 19 primary.

Alaska: Ballot Power: The Revolution in How Alaska Natives Vote | ICTMN

A perfectly timed combination of negotiation and grassroots organizing has allowed numerous Native villages across Alaska to become absentee in-person voting locations for federal elections for the first time. That’s a sea change from just a few weeks ago, when voters in only about 30 Native villages had a way to cast a ballot ahead of Election Day, said Nicole Borromeo, general counsel of the Alaska Federation of Natives (AFN). Meanwhile, Alaska’s urban voters had 15 days to do so. The locations will be in place for the August primary. This transformation in voting access follows years of fruitless requests to the state for the election services by three groups: AFN, an organization of regional and village corporations, tribes and other entities; ANCSA Regional Association, a group of Native-corporation CEOs; and Get Out The Native Vote. “In late June, AFN and ANCSA sat down with the state and said, ‘we will sign up the locations,’” recalled Borromeo, who is Athabascan from McGrath Native Village. The state agreed, and the Native team began seeking groups and individuals to handle the election activities.

Alaska: Official testifies in voting rights trial | Associated Press

A top Alaska elections official testifying in a federal Native voting rights trial disputed claims that villages with sizable populations of limited English speakers vote in lower proportions than elsewhere in the state. Division of Elections Director Gail Fenumiai took the stand Wednesday as the state's last witness in the Voting Rights Act lawsuit filed by village tribal organizations and elders against her and other election officials. Fenumiai testified that most of the village precincts beat the state's average turnout in the 2012 presidential election if only precinct-level turnout numbers were examined, the Anchorage Daily News (http://is.gd/5OYggI ) reported. Fenumiai's office, however, provides more voter services in urban areas, such as easy access to early voting and absentee balloting. She said voters who cast absentee or early ballots aren't counted in the turnout numbers of their home precincts.

Alaska: Expert in Native voting rights trial says Alaska has long history of discrimination | Anchorage

An expert testifying in the federal voting rights trial in Anchorage said Monday it's possible to trace Alaska's current failure to provide full language assistance to Native language speakers to territorial days when Alaska Natives were denied citizenship unless they renounced their own culture. "This represents the continuing organizational culture, looking at the law as something they're forced to do, instead of looking at the policy goal of being sure that everyone has the opportunity to participate," said University of Utah political science professor Daniel McCool. "It's part of a pattern I see over a long period of time, a consistent culture -- they're going to fight this. When forced to do something, they're going to do it, but only when they've been ordered to."

Alaska: Voting officials knew of poor translation | Associated Press

The official who coordinated the Division of Election’s Yup’ik language program knew the translation for a radio announcement was off but suggested ignoring it anyway. Emails entered as exhibits during a federal voting-rights trial include a 2009 back-and-forth between the division’s then-language coordinator in Bethel, Dorie Wassilie, and her boss, Shelly Growden. The emails came in the midst of a prior lawsuit, settled in 2010. Wassilie, in her email, said the division would be criticized by the plaintiffs if they caught it, “but what the heck, it’s a similar word and hope that it goes right over their heads! :-)” Wassilie, a Yup’ik speaker, wrote to Growden. Growden, who does not speak Yup’ik, responded: “I too think it should be fine.”

Alaska: Elections worker ignored mangled Yup’ik translation | Achorage Daily News

The official who oversaw the state Election Division's Yup'ik language program knew that a mangled translation about absentee balloting was running on radio in Bethel and Dillingham in 2009 but told her bosses to just ignore it. Instead of saying "absentee voting," the notice on KYUK and KDLG said, "to be voting for a long time." "We will be criticized by the plaintiffs if they catch it, but what the heck, it's a similar word and hope that it goes right over their heads! :-)" Dorie Wassilie, the Election Division's language coordinator in Bethel and a Yup'ik speaker, wrote in Sept. 17, 2009, email to her boss, Shelly Growden. Growden, who doesn't speak Yup'ik, agreed with Wassilie's judgment. "I too think it should be fine," Growden replied.

Alaska: Trial opens in lawsuit claiming Alaska denied Native rights in voting material translations | Associated Press

A federal trial began this week in a voting rights lawsuit filed by several Alaska villages, alleging the state has failed to provide accurate, complete translations of voting materials into Native languages. State officials denied voting rights to Alaskans with limited English proficiency because voting information lacked Yup'ik, Cup'ik and Gwich'in translations, according to the lawsuit filed last year on behalf of four Native villages and elders with limited English skills. The state says elections officials have taken all reasonable steps to implement standards for voting materials for non-English speakers that are equivalent to those for English speakers. The state Division of Elections provides several methods of oral language assistance, a trial brief says.

Alaska: Native Voting Rights Case Kicks Off | Alaska Public Media

A federal trial is underway to determine whether the State of Alaska does enough to serve voters who speak Native languages. Toyukuk v. Treadwell was brought by two Alaska Native voters, along with two tribal councils. Natalie Landreth, an attorney with the Native American Rights Fund, is arguing the case. She says there’s a “huge amount” of voting information available to people who speak English, Spanish, and Tagalog, compared to the amount of materials for speakers of Yup’ik and Gwich’in. Landreth says the disparity amounts to discrimination.

Alaska: Kenai Assembly to vote on vote-by-mail elections | Peninsula Clarion

Originally, it was thought that holding Kenai Peninsula Borough elections by mail would be more cost effective, but according to a fiscal note, it would actually cost more money. “I was disappointed because I initially thought … that we could actually save money, but the extra printing and postage costs added up,” said assembly member Bill Smith. However, the assumed savings were a secondary consideration, Smith said about an ordinance he sponsored to require vote-by-mail elections. His main motive is to increase voter participation. A public hearing on the ordinance is scheduled for tonight’s borough assembly meeting.

Alaska: District boundaries adjusted to eliminate multiple ballots | Peninsula Clarion

With little discussion and unanimous approval, some Kenai Peninsula Borough district lines have shifted slightly. The borough assembly OK’d revisions to six assembly and board of education district boundaries at its Tuesday meeting last week. The changes stem from the Division of Election’s adjusted precinct boundaries for Alaska Legislative Senate and House of Representatives districts, which were finalized in February. The assembly-approved revisions eliminate some discrepancies between precinct and district boundaries to eliminate the need for multiple ballots in the adjusted areas.