(ANCHORAGE, AK) On January 24, 2025, Superior Court Judge Yvonne Lamoureux ruled in favor of the State of Alaska. She denied a motion filed by the League of Women Voters, the Arctic Village Council, Joyce Anderson, and Edward Toal. The motion concerned the state’s lack of a notice-and-cure system for absentee ballots.
The case examined the constitutionality of AS 15.20.203, which details the procedures for reviewing the adequacy of absentee ballots in Alaska elections. This statute does not require Alaska election officials to notify voters or give them a chance to correct any mistakes on their absentee ballots before the election.
The plaintiffs argued that the state’s failure to provide notice and procedures for correcting errors infringes on their fundamental voting rights under Article V, Section 1 of the Alaska State Constitution.
The Court concluded that the state’s actions did not infringe on voters’ due process rights. Specifically, it found that the failure to notify voters about clerical errors and the rejection of their ballots—without providing them the chance to correct those errors—only imposed a limited burden on their right to vote.
Furthermore, in the ruling, the judge stated, “To the extent that failing to comply with the ballot requirements results in a disqualified ballot, that outcome is not caused by the requirements themselves, but by the voters’ own failures to follow those requirements.”
In her ruling, Superior Court Judge Lamoureux explained that this case is different from the lawsuit filed by the Arctic Village Council during the COVID-19 pandemic. In that instance, the council sought for the courts to waive a provision of state law that requires voters to obtain a witness signature on their mail-in absentee ballots for the 2020 November general election. The Supreme Court found that this requirement placed a substantial burden on voters because they were forced to choose between risking their health and safety or exercising their right to vote.
The Court’s ruling indicated that the Division of Elections is not required to establish a notice-and-cure system. However, it mentioned that the implementation of such a system is within the powers of the Alaska Legislature.
Steve Kirch
Public Relations Manager
Phone: (907) 209-6306
Email: stephen.kirch@alaska.gov