Alaska Supreme Court
Planned Parenthood of Alaska and Susan Wingrove, Appellants/cross-Appellees v. Craig Campbell
June 2, 20102010 Alas. LEXIS 59
Summary
The court held that the initiative petition summary was legally deficient because it omitted material facts, including that the proposed law would restrict existing law and impose felony penalties on physicians. It nevertheless held that the initiative could proceed to the ballot without recirculation because the omission did not substantially misrepresent the initiative, petition-signer inadvertence was unlikely or minimal, the sponsors would face substantial hardship from invalidating the signatures, and opponents would face little hardship from using a corrected ballot summary. Justice Winfree, concurring in part and dissenting in part, agreed that the summary was deficient but would have required recirculation because an initiative failing the constitutional and statutory screening standards should not reach the ballot.