Miller v. Lieutenant Governor Craig Campbell et al

Filing 84

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)

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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 . 5 6. 7. Attorney> for Intervooor, Seaator Usa Murkowski IN niB SUPERIOR COURT FOR nm STATE OF ALASKA FIRST JUDICIAL DISTRICT AT JUNEAU Plaintiff, 8. JOE MILLER, 9 10. v. 11. LIEtrI1!NANT GOVERNOR MEAD TRllADWELL. in hla official '\y. 12 and the STATE OF ALASKA,"""""" DMSION OP ELECTIONS, 13 IL-________________#Deren~~d~~~.~~ ease No. lJU-lO-1007 CI 14.1, IS 16 .AFFIDAVIT OF KAREN KNUTSON CITYOPWASHINOTON 17. DISTRICTOPCOLUMBIA , ,... , 18. 19 I, KAREN KNUTSON, being first duly swom do state as follows; 1. 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. 21. 22 2. 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 23 24. Washington. 3. 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 M111.,. \I, LiGlIDttmt GtJWI'7I(JI'MaulTrtJadw.JL aJ al. Cue No. 11U-IO-1007 CI Paso- I or6 Exhibit A Page 1 of 5 I 2 (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·· 4. 5 4. 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. S. 6 7 8. 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, 10 'J 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~ . 11 - '~ . f::I " -,~~;;l ~ j~ , -"'f -.~- ~ <" " 12. means thlll Alaska will bav. only one voice as tha Senata addresses iasucs like taxes, 13 """'1IY, dof"""" matters end the many other issuea the nation faces. Depending on how <of, ,~ - j~ ~h ~. . 14 IS long It takes to certifY the elecdon, the implications for Alaska could be significant. 6. Also on JIlIlWIIY 3, 2010,lfSonator Murkowski is not certified as the , 3 ' .. " 16 winoer of the .Ioct!on, her offices in DC end Alaska will eitiI£r he forced to shut down or 17. come under the control of the Sccretmy of the ScnIIIc end will no longer be avaUable to !8 serve Alaskans. Th. offices will nnIy perform the work necessary to pack up files end 19. close up the offices. Case work issues such as AIasIams seeking help with Social Security issues, Medicare problems, immigration concems and the like, will DO longer be 20 21. handled, and any pending requests for help will go unanswered. Al.skcns .eeking sueb 22 help will need to contact other members of the Alaska Delegation. That will impose an added burden on those two office:s. 23 24 25. 26 AI'I'IOAVIT OF KAREN KNUTSON MlIlu Y. Lll!utentDU OOWl'fltW Mead 1'faadIHIl. II al. Case No. llU·IO-IOO7 CI .... 20(6 Exhibit A Page 2 of 5 I 7. For those Alaska offices that are rented from private individuals, it may be 2. necessary to close these offices effective January 3 because those are in leased private 3 4 5 space and the Senate will no longer pay the cost after the end of Senator Murkowaki's current term. B . 9. At.o, unl... the Senate take, speclfIc action, Senator Murkowaki', staff 6. will not be pald after Jaouary 3, 2011. 7. 8 If Senator Murkowaki Is not swom in wltb other members onJlIl1uary 5, 2011 It Is possible that she could cxpcrlc:nce a "gap in service" which could meao that her 9. seniority in the Senate could be los! and sbe could become the least senior member ofthe ID senate. In spite of her 8 years o!service sbe would be lower in seniority thao aU other I!. members. 12 10. Senator Murkowaki presently aerv.. as the R.anldng Member of the Senate :3. Energy lIl1d Natural Resources Committee and as R.anldng Member of the Legislative 14. Branch subcommitte. of the Appropriations Committee. R.anIdng Member. control the IS. selection of the RepubliCllll stafffor the appropriate committees aod subcommittees and 16. play a leading role in setting the aganda for the committee/subcommittee. 17. 11. Each Congress the Republican Conl'enmcc selects th. Republican 18 members to serve in the Ranking Member positions. Usually that selection is made baaed 19 20 on the length of service on the committee or subcommittee and a break in service could effect that length of service calculation. In addition, to be selected .. ranking member 21. one must be a member of the Senate. 22 12. Normally the process of selecting these R.anldng Members occurs within a 23 few days ofthc swearing in of new members. If Senator Murkowski i:J not a member of 24. tbe SeDa.te when that organization occurs, she might not be selected as the ranking . 25. 26 APPIDAVIT OP KARSN KNUTSON Mll/Irv. LJ.urvranl GOWI'ntJI> M,ad Tl'eaiwlli. II aL CUe No. lJU·IO-lOO7 CI Paselo(6 Exhibit A Page 3 of 5 1 member. That would mean that she could lose significant influence in the business of the 2 committees. 3 4 13. 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. 6 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 .9 .. 0 10 Mudowsld is not certified in time for her service to be continuous could be substantial. !~~ q~ ~ 11 12 13 14 In addition to 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 ~f~ ~.~l~ 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 slU~ gi! IS help that her staff provides for case work and legislative work. 16 16. 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. 17. 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 23 24 2S 26 AFFIDAVIT OF KAREN KNUTSON Millu Y. Untmtml Govunor Mead Treadwell. et aI. ea.. No. IJU-10-1OO7 CI Pagc4of6 Exhibit A Page 4 of 5 I 2 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. 18. 3 4 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 u.s. Senate, 5 6 7 8 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 ,. ;>. 10 freshmen members in the class of"' 10". 19. For the above reasons. it is vital to the state and its citizens that the: Alaska ~~ 11. 13 :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.. " ~~~~~ · ,;.~~Ii _. 0 14 10 be swomin with other membersree10cted aodolected in 2010. t1 ~~ IS. 16 17 18 19 20. 21 22 Further affiant ..yoth naughL e ~ ol' KAREN KNUTSON ~~ of'day ofDocembcr, 2010 &mO' SUBSCRIBED AND SWORN TO before tbla ····0'·.' .... DUBUC ," ' . - ~ :~.:-, ~ j ~ CO~UM~!;\ Print · My Commission Expires: My CCII'I .._ Res!dlng at: NotBty Public in C/,... o~ ~' 23 ExpIres Fobrualy 28. 2014 24. 2S 26 AFFIDAVIT OF KARBN KNUTSON Mill",y. LiBl/IManl OvntttOl' M.adTrtadwlI. 91 aI. Cuo No. 1JU-Io-I007 C1 Pap'.f6 Exhibit A Page 5 of 5

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