Miller v. Lieutenant Governor Craig Campbell et al
NOTICE of STATES OPPOSITION TO MILLERS MOTION by Lieutenant Governor Craig Campbell, State of Alaska, Division of Elections re 79 Notice (Other) (Attachments: # 1 Exhibit, # 2 Proposed Order)(Paton-Walsh, Margaret)
Miller v. Lieutenant Governor Craig Campbell et al
Doc. 84 Att. 1
1. runothY A. McKeever Scott M. }(endal1
2 HOLMES WEDDLE & BARCOTI 701 Weal EIghth Avenue. Suite 700 3. Anchorage, AK 99501-3408 Phone; (907) 27~666 4. Pox; (907) 2n-4657 .
Attorney> for Intervooor, Seaator Usa Murkowski
IN niB SUPERIOR COURT FOR nm STATE OF ALASKA
FIRST JUDICIAL DISTRICT AT JUNEAU
8. JOE MILLER,
11. LIEtrI1!NANT GOVERNOR MEAD TRllADWELL. in hla official '\y. 12 and the STATE OF ALASKA,"""""" DMSION OP ELECTIONS,
ease No. lJU-lO-1007 CI
.AFFIDAVIT OF KAREN KNUTSON
, ,... ,
I, KAREN KNUTSON, being first duly swom do state as follows;
I was along time reoident ofKetchjkan IUId presently serve as Chief of
20. StefflO United States Senator Usa Murkowski. I have served in this capacity since 2007.
A1J a result of the delay in the certification of the Alaska 2010 U.S. Senate
election I have researched the effect of such · delay on Alaaka and ita needs in
Ifth. AIaaka Division of B1ectiona de.. not issue an election certific.... in
25. the form laid out by Rule 2 of the US Sonata
26. AFFIDAVIT OP KARl!N KNUTSON
LiGlIDttmt GtJWI'7I(JI'MaulTrtJadw.JL aJ al.
Cue No. 11U-IO-1007 CI Paso- I or6
Exhibit A Page 1 of 5 Dockets.Justia.com
(bI\p:llwww.rulesM1..l!;goylpublicfmdex.ofu!.IlER!!IeIDforSenatorMurlcowskl.prior to January 3, 2011, at IlOOD, she will no longer be a US Senator. Her current term ends at
3. that tim··
Ifa certlficato of oIecdon certifying Senator Murkowsklas the properly-
elected Senator baa been xeceived by the Seuate by that time she will be swom in for her new term on JIlIlWIIY S, 2011. Her tenn will start January 3 but tho official swearing in will occur on JIlIlWIIY S. Th"'" will b. no break in her service.
If the Alaska Division of Elections hes been unable to issue a certificate of
9. .Icedon by January 3, 2011, Senator's Murkowskl's aoat will bcoom. vacant end Alaska,
un1iko ail other states will have only one senator. Senator Murkowski will not be able to
vote or speak on the Senate floor. She will DOt haw a vote OIl committee matters. This
'-,").;!!, 5~ .
- '~ . f::I "
-,~~;;l ~ j~
-"'f -.~- ~ <" "
12. means thlll Alaska will bav. only one voice as tha Senata addresses iasucs like taxes,
"""'1IY, dof"""" matters end the many other issuea the nation faces. Depending on how
M,ad Tl'eaiwlli. II aL
CUe No. lJU·IO-lOO7 CI
Exhibit A Page 3 of 5
1 member. That would mean that she could lose significant influence in the business of the
In addition if she is nol the Ranking Member, the staff Senator Murlrowsld
has on the commiUees and subcommiUees could lose their employmenl-<:Onsequently
S about 20 people from the committee staff! could lose their jobs.
14. In addition, she may be procluded from moving up to be the Ranking Member
7 on a more senior appropriations subcommittee like Military Construction or Interior 8
bolli "fwhich have significant impact on Alaska. ' 1S. The effect on the state of AIasIca and the people of Alaska if Senator
10 Mudowsld is not certified in time for her service to be continuous could be substantial.
12 13 14
In addition to lo.ing the voice and vote of one of our senators, Alaska could not have a
member of its delegation in senior positions ofleadership on the committees important to
our state and the issues it faces. A very experienced sod talented staffboth in the Seoator'. Senate office and her committee offices could be lost. Alaskans could lose the
IS help that her staff provides for case work and legislative work.
This effect could be longstanding. Senator Mudowsld has achieved bar
17 currenl positions after 8 years of service in the Seoate. It is likely that, if she suffers a 18 19 20 21
22 loss of seniority as a result of a delay in the certification of this election, it would take at least 8 years to get hack similar positions of influence.
While the ciIcumstances were different, there are two recent precedents
that are relevant to this issue. In 2009, the outcome of the Senate race in Minnesota was unclear. On 1anuary 3, 2009, then-Senator Nonn Colemao'. offices closed when his term expired. Hio staff was retained for 120 days but only for purposes of winding up his
26 AFFIDAVIT OF KAREN KNUTSON
Millu Y. Untmtml Govunor Mead Treadwell. et aI.
ea.. No. IJU-10-1OO7 CI
Exhibit A Page 4 of 5
office. They could not assist his constituents, or initiate casewor\c or legis1alion.
Minnosotans bad only one .cna!x)r until that oloction wu resolved over six months later.
In Nowmberoftblayesr, the voters in lndiana olected Dan Coals 10 the
Scna!x)r Coasts previously served as a member of the senate nom 198910
1999. However when be is swcm in for his new t=n in January of2011 h. will not be given credit foi' hi. prior servlee, IIUCh that he would be more senior than other _ r s whoselotal time in the Senale is less than his own. The only effect his prior service in the Sonate will bcve on bls seniority is to place him ahoad of all new members olocted for
9 the first timo in November of201 0; i.... h. will given more seniority than all tho other
freshmen members in the class of"' 10".
19. For the above reasons. it is vital to the state and its citizens that the: Alaska
:eg" ~i <" .,~~. "'<~~
O~~. ~!ii: ..
12. Division of Elections be permitted 10 certifYtheresu1u of the 2010 U.S. SenabO race in time to allow Senator Murkowsld'. service in the Sena'" to be uninterrupted and for h..
14 10 be swomin with other membersree10cted aodolected in 2010.
16 17 18 19 20. 21
Further affiant ..yoth naughL
of'day ofDocembcr, 2010
SUBSCRIBED AND SWORN TO before tbla
····0'·.' .... DUBUC
," ' . - ~ :~.:-, ~ j ~ CO~UM~!;\
My Commission Expires:
My CCII'I .._
NotBty Public in
ExpIres Fobrualy 28. 2014
26 AFFIDAVIT OF KARBN KNUTSON
LiBl/IManl OvntttOl' M.adTrtadwlI. 91 aI.
Cuo No. 1JU-Io-I007 C1
Exhibit A Page 5 of 5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?