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LUPER v. MUNICIPALITY OF ANCHORAGE

No. A03-0079.

268 F.Supp.2d 1110 (2003)

Deborah A. LUPER and Rinna Merculieff, Plaintiffs, Wuerch for Mayor, Plaintiff-Intervenor, v. MUNICIPALITY OF ANCHORAGE and Linda Heim, Clerk of the Municipality of Anchorage in her official capacity, Defendants, Jeffrey A. Friedman, and Neighbors for Mark Begich, Defendants-Intervenors.

United States District Court, D. Alaska.

June 20, 2003.

Attorney(s) appearing for the Case

Kenneth P. Jacobus, Anchorage Alaska for Plaintiffs Deborah A. Luper and Rinna Merculieff.

Jeffrey A. Friedman, Friedman, Rubin and White, Anchorage, Alaska for Intervener Jeffrey A. Friedman.

Louisiana Cutler, Preston Gates and Ellis, Anchorage, Alaska for the Municipality of Anchorage and Linda Heim.

Jeff Feldman, Feldman & Orlansky, Anchorage, Alaska for Intervenor Neighbors for Begich.

Steve McAlpine, Anchorage, Alaska for Intervenor Wuerch for Mayor.

Before: TALLMAN, Circuit Judge, VON DER HEYDT, Senior District Court Judge, and SINGLETON, District Court Judge.

OPINION

TALLMAN, Circuit Judge.

On April 1, 2003, the voters of the Municipality of Anchorage, Alaska, ("City") approved Proposition 2. Proposition 2 changed the Anchorage Municipal Charter so that candidates for Mayor need only obtain more than 45%, as opposed to more than 50%, of the popular vote to win, thereby avoiding a run-off election. Proposition 2 also stated that if passed by the voters, it applied to the results of the April 1 election. Proposition...

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