insurgent49
  updated weekly
 home - contribute - donate -  message board - events - links - contact us - archive
November 29, 2006
Division of Elections Refuses To Release 2006 Election Records
Alaska Democratic Party, press release

     The Alaska Division of Elections is violating the public records law and should immediately release copies of the electronic records of the 2006 election results so they can be examined before the election is certified, Alaska Democratic Party Chair Jake Metcalfe said today.
 
     "Once again, the Division of Elections is flaunting the law with excuses and delays by refusing to release critical public records," Metcalfe said. "Judge Joannides has already ordered them to make copies of each version of the 2006 GEMS database, so it is no burden on them to just release those copies that they are already making. Why won't they release the records and give the public access to them as they are required by law to do?" Metcalfe said.
 
     On Nov. 7, Anchorage Superior Court Judge Stephanie Joannides ordered the Division of Elections to preserve backup copies of the state's 2006 electronic computer database and subsequent tallies of the election results. The Division of Elections had refused to make backup copies of the Diebold computer GEMS database in response to a request from the Alaska Democratic Party, which then sought an emergency court order requiring that copies be preserved of these election records. The Judge agreed with the Democratic Party and issued a temporary restraining order stating that the Division must make backup electronic copies on disk of the GEMS database as it existed on election night and again at the conclusion of each day in which the Division of Elections entered votes manually into the system.
 
     The law says that public records must be produced "as soon as practicable, but not later than the 10th working day" following receipt of the request. Democrats requested the database on Oct. 30 and, through its counsel David Shoup, again on Nov. 3. In a response dated Nov. 27, Division of Elections Director Whitney Brewster told Shoup she would not respond to the Democrats' records request until Dec. 6, two days after the new Governor is sworn into office on Dec. 4. 
 
     "The people of Alaska have a right to have all the public records related to our election. We have a right to have them as soon as practicable and Loren Leman and Whitney Brewster don't have a right to withhold them from us," Metcalfe said. "Our prior litigation established that the electronic files of our votes are public records, and it is in the public interest that they be released immediately, before the election is certified. There is no legitimate reason for the Division to withhold these public records."
 
     In light of all the problems that occurred with the vote tallies in 2004 that still have not been reconciled, the Division's failure to keep backup copies of the 2004 database, and the Division's subsequent modifications of the 2004 database after-the-fact in July 2006, vigilance is warranted, Metcalfe said. Democrats want to preserve the opportunity to weight in before certification if any problems are found during review of the electronic data, Metcalfe said.
 
     "We hope the incoming Palin administration lives up to its promise to promote transparent government. It can do so by immediately ordering the Division of Elections to release the information, and by insisting from its very first day that our public elections are public and transparent," Metcalfe said.
- Columnists -

Editor's Desk
by Aaron Selbig

Rank and File
by Nova Stubbs

Red Alert
by Soren Wuerth

Alaskan In Exile
by Neil Zawicki

The
Bramble Bush
by Kevin Morford






Copyright 2005 Insurgent Media. All Rights Reserved.
in-sur-gent (in sur'jent), n. 1. a member of a group which revolts against the policies of its leadership.