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NAGEAK v. MALLOTT

Supreme Court Nos. S-16462/16492/16494 (Consolidated).

426 P.3d 930 (2018)

Benjamin N. NAGEAK, Appellant, v. Byron MALLOTT, Lieutenant Governor of the State of Alaska, and Josephine Bahnke, Director of the Alaska Division of Elections, Appellees, and Dean Westlake, Intervenor. Byron Mallott, Lieutenant Governor of the State of Alaska, and Josephine Bahnke, Director of the Alaska Division of Elections, Appellants and Cross-Appellees, v. Benjamin N. Nageak, Rob Elkins, Robin D. Elkins, Laura Welles, and Luke Welles, Appellees and Cross-Appellants, and Dean Westlake, Intervenor.

Supreme Court of Alaska.

August 31, 2018.

Attorney(s) appearing for the Case

Timothy A. McKeever and Stacey C. Stone , Holmes Weddle & Barcott, P.C., Anchorage, for Appellant Nageak and Appellees and Cross-Appellants Nageak, Elkins, Elkins, Welles, and Welles.

Laura Fox , Joanne Grace , and Margaret Paton Walsh , Assistant Attorneys General, Anchorage, Elizabeth M. Bakalar , Assistant Attorney General, and Jahna Lindemuth , Attorney General, Juneau, for Appellees and Appellants and Cross-Appellees Mallott and Bahnke.

Thomas P. Amodio and Debra J. Fitzgerald , Reeves Amodio, LLC, Anchorage, for Intervenor.

Before: Stowers, Chief Justice, Winfree, Maassen, Bolger, and Carney, Justices.

OPINION

I. INTRODUCTION

A very close Alaska Democratic Party primary election was held in House District 40 in 2016 in which, after a recount, Dean Westlake was declared the victor by eight votes. The defeated candidate, Benjamin Nageak, brought two legal challenges to the primary results. He and four...

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