Lake & Peninsula Borough Assembly v. Oberlatz

Five voters owned homes in a borough and a home outside that borough. Two of the voters voted in the borough's 2010 election. All five voted in the borough's 2011 election. Although each voter was registered to vote, the borough's canvassing committee rejected the voters' ballots in each election on the ground that they were not borough residents. The voters appealed to the superior court and brought direct claims against the borough and a number of borough officials in their official and individual capacities. The court ruled that the voters were borough residents and legally qualified to vote in the 2010 and 2011 borough elections, and that the voters were to remain eligible to vote in future borough elections absent substantial changes in circumstances. The court denied the voters full reasonable attorney fees against the borough under AS 09.60.010(c), concluding that they did not bring constitutional claims, but awarded them partial attorney fees under Alaska Civil Rule 82. The borough appealed the residency determinations and the voters appealed the attorney fees awards. Upon review, the Supreme Court affirmed the superior court’s decisions that the voters were borough residents and eligible to vote in the 2010 and 2011 borough elections, but vacated the order that the voters were automatically eligible to vote in future elections. The Court reversed the superior court's determination that the voters did not bring constitutional claims covered by AS 09.60.010(c), and remanded the case on the fee issue. View "Lake & Peninsula Borough Assembly v. Oberlatz" on Justia Law