Nageak v. MallottAnnotate this Case
In 2016, a recount was ordered to settle a very close Alaska Democratic Party primary election for House District 40. 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 others contested the election in the superior court pursuant to AS 15.20.540. He also filed a direct appeal of the recount with the Alaska Supreme Court pursuant to AS 15.20.510. The Supreme Court stayed the direct appeal and, after a trial, the superior court granted relief on the election contest. The court found that election officials in Shungnak, who gave ballots for both the Alaska Democratic Party and Alaska Republican Party primaries to every voter, had committed malconduct that changed the outcome of the election. The court ordered the Director of the Division of Elections to certify Nageak as the winner after proportionately reducing the votes from Shungnak. The Division and Westlake appealed the superior court’s rulings against them. Nageak cross-appealed the court’s rulings against him. The Supreme Court consolidated the appeal from the superior court in the election contest with the recount appeal from the Division, and reversed the superior court’s decision and reinstated the Director’s certification of Westlake as the winner of the election.