The Latest: Alaska asks judge to dismiss suit over electors

AP News
Posted: Dec 15, 2016 9:46 PM

ANCHORAGE, Alaska (AP) — The Latest on a lawsuit filed against Alaska's three Electoral College members (all times local):

5:05 p.m.

The state of Alaska is asking a federal judge to dismiss a lawsuit seeking to prevent Alaska's three electoral college voters from casting votes Monday for President-elect Donald Trump, arguing the lawsuit doesn't have merit.

Janice Park of Anchorage, a Hillary Clinton supporter, is claiming that her equal protection rights under the Constitution are being violated because Clinton will win the popular vote but likely lose the electoral college. She claims her vote will not be counted equally as someone who voted for Trump because of that outcome.

The state admits the Electoral College system weighs the votes cast in different states differently, but that's expressly authorized in the Constitution.

Park is representing herself, and she said she did not receive the state's motion to dismiss Thursday.

U.S. District Judge Timothy Burgess is allowing Park until 10 a.m. Friday so submit any supplemental filings on why her case has merit. He said he would issue a decision out shortly after that time. Alaska's three Republican electors are set to cast their votes Monday in Juneau.


8:13 a.m.

A Hillary Clinton supporter from Anchorage is suing Alaska's three members of the Electoral College, claiming their anticipated votes for President-elect Donald Trump next Monday will violate her constitutional rights.

Janice Park's lawsuit will be heard Thursday in federal court in Anchorage. It claims that since Clinton is winning the overall nationwide popular vote, her vote for Clinton will not be counted as a full vote since Trump will likely win the electoral college process. She claims this will deprive her of her Fifth Amendment rights of equal protection and the principle of one person, one vote.

The popular vote doesn't decide the winner of the presidential race, and Trump defeated Clinton by nearly 47,000 votes in Alaska.

The Alaska Department of Law is defending the three electors. A department spokeswoman said they were served the lawsuit Wednesday and are reviewing it.