State of Alaska, Office of Lieutenant Governor, Division of Elections and Director Gail Fenumiai, in an Official…

Summary

The Alaska Supreme Court affirmed a preliminary injunction suspending enforcement of the absentee-ballot witness requirement during the COVID-19 pandemic. It held that the requirement substantially burdened the constitutional right to vote for voters who faced serious health risks from person-to-person contact, while the State failed to show a sufficiently close fit between the requirement and its interests in deterring fraud and promoting election confidence. The court also held that the plaintiffs' delay did not warrant applying laches and that the superior court did not abuse its discretion.