Court overturns write-in ruling

ANCHORAGE, Alaska – The Alaska Supreme Court late Wednesday blocked a lower court’s order and ruled that voters at polling places may see a list of write-in candidates.

The ruling was good news for the campaign of incumbent U.S. Sen. Lisa Murkowski. She was defeated in the Republican primary by tea party favorite Joe Miller and is mounting a write-in campaign. Former Sitka Mayor Scott McAdams is the Democratic candidate in the Senate race.

The high court ruled quickly after attorneys for the state Division of Elections petitioned for a review of a ruling issued earlier Wednesday by Anchorage Superior Court Judge Frank A. Pfiffner.

Pfiffner had granted a temporary restraining order stopping state elections officials from handing out write-in candidates’ names at polling places. He said allowing them to do so would violate an administrative regulation and “smacks of electioneering at the polls.”

The Supreme Court said the list of registered write-in candidates must be limited to names only, with no party affiliations or other information.

Besides issuing the emergency stay, the high court said it would expedite a state petition for review of the lower court ruling. It said responses from the state Democratic and Republican parties are due by this afternoon on that point.

Early voting has begun, and thousands of votes have been cast.

Until the high court rules on the petition for review, the justices said all ballots cast by voters who are provided with the list of write-in candidates should be segregated from other ballots.

Murkowski’s campaign was pleased with the high court’s decision.

“This stay will ensure that Alaskans can continue to get the assistance they’re entitled to under law,” said her campaign manager, Kevin Sweeney.

The Alaska Democratic Party sued Monday over the issue and the Republican Party of Alaska joined the lawsuit. The parties claimed the names handed out by election officials would skew voting in favor of write-in candidates.

The Murkowski campaign had intervened in the lawsuit, arguing that election officials have a broad mandate to assist voters.

At a hearing Monday, Assistant Attorney General Margaret Paton-Walsh said lists of write-in names were only intended as voter assistance and were not forms of advocacy. She said other states routinely post such information at polling places.