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eBook details

• Title: Division Elections State Alaska v.
• Author : Supreme Court of Alaska
• Release Date : January 22, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

RABINOWITZ, Justice. OPINION Karl Johnstone was appointed by the governor on October 8, 1979, to fill a vacant superior court seat in the Third Judicial District. Judge Johnstone assumed office on December 13, 1979. The primary issue in this appeal is: Given the above dates, when was Judge Johnstone required to run for retention under Alaska law? The Alaska Court System and the Alaska Judicial Council, later joined by Judge Johnstone, 1 filed suit in the superior court on October 4, 1982, seeking a declaratory judgment that Johnstone was not required to run in his first retention election until 1984. 2 The Division of Elections of the State of Alaska opposed the claim, and argued before the trial court that Johnstone was required to stand for retention in 1982. Daniel R. DeNardo, a private citizen, was joined as an intervening plaintiff in the above action. 3 The superior court granted summary judgment on behalf of Johnstone on October 20, 1982. Although Johnstone's name had already been printed on the 1982 ballot, 4 the court ruled that the votes cast were not to be counted, and that Johnstone was not required under the Alaska Constitution to stand for retention until 1984. An immediate appeal was taken by the Division of Elections.

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