Anchorage, Alaska — An Alaska Superior Court judge has ruled that the state’s constitution does not require election officials to give voters a chance to correct absentee ballots with errors. The decision, delivered by Judge Yvonne Lamoureux in Anchorage on Friday, counters the efforts of various advocacy groups that argue such “ballot curing” procedures are essential to ensuring every vote counts.
The ruling stems from a lawsuit brought by the Arctic Village Council, the League of Women Voters of Alaska, and two individual voters. These plaintiffs took legal action following the June 2022 special primary election, which was conducted entirely by mail and saw thousands of votes rejected over minor errors.
Under Alaska’s existing electoral laws, absentee ballots must include specific voter ID information and signatures from both the voter and an adult witness to be counted. Although officials must inform voters if their ballots are rejected, there is no current legal requirement that errors on these ballots can be corrected before the finalization of election results. Essentially, this leaves no recourse for voters to amend ballots that could be excluded for simple oversights.
The lawsuit pointed out that during the June 2022 election, about 5,000 absentee ballots were discarded for trivial mistakes. Areas with a high population of Alaska Native voters notably experienced higher rates of ballot rejection, the plaintiffs highlighted, suggesting a disproportionate impact on these communities.
In her judgment, Judge Lamoureux acknowledged the state’s interest in “protecting the integrity of elections and deterring voter fraud” as justifiable reasons for the rules, which she deemed impose only a “minimal burden” on voting rights. She further noted the unique circumstances of the election in question, being the state’s first mail-only vote, as a possible factor in the elevated rejection rates.
During Alaska’s 2024 general election, authorities turned away 1,303 absentee ballots, representing 1.65% of the total cast. An attorney representing the plaintiffs commented that although seemingly small, these numbers are significant given Alaska’s frequent close elections and relatively small electorate.
Current efforts to reform state election laws continue in the Alaska Legislature, with proposals on the table to remove the witness requirement and to introduce a ballot curing process. The ACLU of Alaska, representing the plaintiffs alongside other legal entities, expressed its intent to work diligently with lawmakers this session to push these reforms through.
However, whether the ACLU of Alaska will take this case to the Alaska Supreme Court remains unclear.
As we compile the ongoing developments in Alaskan electoral law, please be advised that this article has been generated with the assistance of automation by Open AI. Readers should note that while all facts and figures are reported with the utmost attention to accuracy, any concerns or requests for corrections can be directed to [email protected].