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HAMMOND v. HICKEL

Nos. 4281, 4282, 4283, 4284, 4285 and 4291.

588 P.2d 256 (1978)

Jay HAMMOND, Appellant in No. 4281, Chancy Croft, Appellant in No. 4282, Lowell Thomas, Jr., Lieutenant Governor of Alaska, Patty Ann Polley, Director, Division of Elections, Mary Jo Hobbs, Supervisor of Elections, Juneau, Jo Ann Crane, Supervisor of Elections, Nome, Octavia Hansen, Supervisor of Elections, Anchorage, and Ann Spielberg, Supervisor of Elections, Fairbanks, Appellants in No. 4283, Jalmar Kerttula, Appellant in No. 4291, v. Walter J. HICKEL and Edward A. Merdes, Appellees. Walter J. HICKEL, Cross-Appellant in No. 4284, Edward A. Merdes, Cross-Appellant in No. 4285, v. Lowell THOMAS, Jr., Lieutenant Governor of Alaska, Patty Ann Polley, Director, Division of Elections, Mary Jo Hobbs, Supervisor of Elections, Juneau, Jo Ann Crane, Supervisor of Elections, Nome, Octavia Hansen, Supervisor of Elections, Anchorage, Ann Spielberg, Supervisor of Elections, Fairbanks, Jay Hammond, Chancy Croft, and Jalmar Kerttula, Cross-Appellees.

Supreme Court of Alaska.

October 20, 1978.

Attorney(s) appearing for the Case

Robert H. Wagstaff, Wagstaff & Middleton, Anchorage, for Jay Hammond.

Douglas Pope, Anchorage, for Chancy Croft.

Avrum M. Gross, Atty. Gen., Juneau, and Ivan R. Lawner, Asst. Atty. Gen., Anchorage, for Lowell Thomas, Jr., et al.

Edgar Paul Boyko, Edgar Paul Boyko & Associates, Anchorage, and David Young, Los Angeles, for Walter J. Hickel.

Henry J. Camarot, Merdes, Schaible, Staley & DeLisio, Anchorage, for Edward A. Merdes.

John R. Snodgrass, Jr., Palmer, for Jalmar Kerttula.

Allen McGrath and Stephen C. Hillard, Graham & James, Anchorage, for Douglas McConnell, et al., amici curiae.

C.R. Kennelly, Kennelly & Azar, Anchorage, for the Alaskan Independence Party and Donald Wright, amici curiae.

Roger A. McShea, Anchorage, for Sara Jansen, et al., amici curiae.

Fredric R. Dichter, Anchorage, for Jesse L. Carr, et al.

Before RABINOWITZ, Chief Justice, CONNOR, BOOCHEVER and BURKE, Justices, and DIMOND, Senior Justice.

MEMORANDUM AND ORDER

INTRODUCTION

PER CURIAM.

This case comes to this court on appeal from the decision of the superior court on cross-motions for summary judgment in an election contest brought pursuant to the provisions of AS 15.20.540. The superior court granted summary judgment to appellees and found that there was malconduct on the part of election officials which was sufficient to impeach the integrity of the election process and place the...

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