APOC rejects Measure 4 complaint against Palin
Posted by Elizabeth Bluemink

State election regulators have rejected a complaint that Gov. Sarah Palin broke 
the law last year when she took a position on a controversial ballot initiative 
on mining.

The complaint, filed by a Bristol Bay lodge owner, involved Measure 4, the 
"Clean Water" initiative that attempted to create tougher pollution discharge 
requirements for large mines. Alaska voters defeated the proposed law on August 
26.

Election regulators agreed last year with the first issue raised in the lodge 
owner’s complaint: They said a state Web site launched to educate voters on 
Measure 4 was biased against the proposed law and they ordered some revisions. 
But they didn’t take any action until Friday on the Palin-related filings in 
the case. The lodge owner, Brian Kraft, said it was wrong and illegal for Palin 
to announce six days before the election, with TV cameras rolling, that she 
would "vote no" on Measure 4. 

The Alaska Public Offices Commission issued a written order Friday saying that 
"it is concerned with the free speech implications of a ruling that attempts to 
regulate what the Governor can say." The decision was unanimous, according to 
APOC chairwoman Elizabeth Hickerson.

The commission said, "Here, the Governor’s statement was made in response to a 
question at a press conference, and we presume, absent contrary evidence, that 
she spoke as part of her usual and customary duties — not to influence the 
outcome of the election."

State law says that public officials should not use their funds to influence 
the outcome of a ballot measure unless the Alaska Legislature or a local 
government previously appropriated money to influence that vote.

Palin appointed all four of the APOC commissioners: two Democrats and two 
Republicans.


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