Alaska State Legislature
News from the Office of Senator Dave Donley

716 W Fourth Avenue, Suite 430
Anchorage, AK 99501-2133
Phone: 907/258-8181
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Broadcast Actualities: 800/478-6540

Senator Donley Pans Supreme Court Decision Denying Alaskans the Right to Vote on Prisoner's Rights

For Immediate Release: September 22, 1998 Contact: Senator Dave Donley at (907) 258-8181.

Anchorage - Senator Dave Donley sponsored Ballot Proposition 1, a proposed state constitutional amendment which would limit the rights of Alaska prisoners to those of federal prisoners. Senator Donley issued the following statement concerning Tuesday's Alaska Supreme Court decision to deny Alaskans the right to vote on the measure in November:

"The right of the people to modify their constitution through their duly elected and constitutionally empowered representatives is a fundamental principle of our democratic/republican system of government in the United States. To deny that right is outrageous conduct by the Judicial Branch. These justices have grossly overstepped their constitutional authority. This group of five people has usurped democracy in Alaska.

A state-wide Dittman research poll indicated 76% of Alaskans supported Ballot Measure #1 and that it would have passed overwhelmingly.

"The justices have crowned themselves as the Supreme Authority over the people of Alaska. They have made themselves superior to the people, to the Governor, and to the Legislature. That's not what America and Alaska are all about.

"The reason we needed this amendment was to correct the court's own questionable decisions regarding prisoners' rights, decisions which clearly violate the intent of the drafters of our Alaska Constitution. Now the court has denied Alaskans the opportunity to correct those mistaken decisions.

"The fact that the justices have cited California case law as precedent makes their decision even more suspect. Most Alaskans would agree that we should not be looking at the California brand of jurisprudence to decide the meaning of our own Alaska Constitution.

"This is a bad decision and a sad day for democracy in Alaska."

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