Judge Rules Alaska Lt. Gov. Violated Election Law October 27, 2004
News Summary
Alaska Superior Court Judge Mark Rindner has ruled that Lt. Gov. Loren Leman violated state election law by writing a statement in opposition to a ballot initiative that would legalize and regulate marijuana in the state, the Anchorage Daily News reported Oct. 26.In his ruling, Rindner said that Leman violated Alaska Statute 15.10.105. The law states in part that, "It is essential that the non partisan nature, integrity, credibility, and impartiality of the administration of elections be maintained."
The ruling pertains to the pro and con statements included in an informational booklet of issues that is mailed to the 300,000 registered voters in Alaska. The lieutenant governor's office is responsible for producing the booklet.
Leman's chief of staff, Annette Kreitzer, decided to write the statement against Proposition 2 because no one else volunteered to do so. Leman sent the statement to Dr. Charles Herndon, medical director of a drug and alcohol treatment program in Anchorage, who signed his name to it after making minor revisions.
The group "Yes on 2" sued Leman, arguing that the manner in which the statement was written was illegal and unethical.
Because it is too late to correct the problem, Rindner limited his action to a declaratory judgment. He considered distributing corrective pamphlets to voters or posting notices near ballot boxes, but decided against such actions so as not to confuse voters or violate laws against campaigning at polls.
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