WASILLA - A yearlong court battle over a contested Y Community Council election in the upper Susitna Valley is over. Superior Court Judge Eric Smith in a 53-page ruling found that five council members named in the suit, including Tom Kluberton, now a borough assemblyman, were within their legal rights to throw out the results of a November 2005 election after learning of election improprieties.
Those improprieties included pressuring two candidates to withdraw from the race and crossing the name of one of them off more than two dozen ballots.
Councilman Jim Skinner filed suit in February 2006, challenging the council decision to hold a second election and asserting the first election results should stand. Skinner and three others won in the first election but lost in the second election. In addition to Kluberton, the suit named as defendants four other council members - Steve Heinrich, Kandace Moore, Scott Holcomb and Jack Ince.
Although Smith based his Dec. 6 ruling on his reading of the board's legal responsibilities, he noted that driving much of the election controversy was a heated community debate over a proposed comprehensive plan. While a majority of the council prior to the November 2005 election supported the plan, many residents, including Skinner, did not.
The ruling detailed political maneuvering by plan opponents to get anti-plan candidates elected to the council. That included pressuring two women to withdraw from the race, according to the ruling.
Additionally, candidate Jerry More called a polling place on election day to inform an official there that Kate Lankford had withdrawn. That resulted in Lankford's name being crossed off 25 ballots. That could have influenced the outcome of the election, Smith ruled.
In his ruling, Smith noted a lack of legal direction regarding community councils. But he rejected Skinner's contention that council members had no right to review the election. He also noted the council held ample discussion and debate before deciding to hold a second election.
In addition, Skinner's request to seat the original candidates was problematic given that "after the dust had settled, (Skinner) was the only person who actually wanted to be on the board,'' Smith wrote.
Of the three other candidates that won seats in the November 2005 election, More withdrew and two others - Rosemary Hanrath and Elizabeth Brown - "did not want to take their seats given what had happened," Smith stated.
Smith, did, however rule in Skinner's favor that the council should have considered a petition brought by Skinner in December asking that candidates from the first election be seated.
Find S.J. Komarnitsky online at adn.com/contact/skomarnitsky or call 352-6714.
By S.J. KOMARNITSKY
skomarnitsky@adn.com