Jay Hammond v. Walter J. Hickel and Edward

MEMORANDUM AND ORDER. INTRODUCTION. This case comes to this court on appeal from the decision of the superior court on cross-motions for summary judgment in an election contest brought pursuant to the provisions of AS 15.20.540. The superior court granted summary judgment to appellees and found that there was malconduct on the part of election officials which was sufficient to impeach the integrity of the election process and place the true outcome in doubt. Appellants have appealed from the summary judgment and appellees have cross-appealed as to those issues decided adversely to them by the trial court. For reasons set forth below we find it necessary to reverse the order of the trial court. 1 AS 15.20.540 specifies those persons who may contest an election and the grounds for such a contest. It provides: