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Alaska vote tests Trump’s influence, Palin’s bid and a new election system

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ANCHORAGE — Sarah Palin’s bid to join the U.S. House, Sen. Lisa Murkowski’s effort to keep her Senate seat and Donald Trump’s influence on both of their races will be tested Tuesday in two simultaneous elections in Alaska — with voters casting ballots under unusual new conditions.

On one side of the ballot, Alaskans will vote in a three-way special general election to fill the remainder of the House term left open by Republican Don Young, who was the chamber’s longest-serving member until his sudden death in March. The 45th president has endorsed Palin, a former governor and vice presidential nominee, over fellow Republican Nick Begich III and Democrat Mary Peltola. The election will be Alaska’s first using a ranked-choice system that voters passed in 2020.

In a traditional voting system, voters select just one candidate. With ranked-choice voting, they rank candidates in order of preference. Here’s how it works. (Video: Daron Taylor/The Washington Post)

Definitive results probably will not be determined for at least two weeks. State elections officials say they won’t start counting second choices and redistributing votes until the deadline for absentee ballots to arrive, and political observers see a race without a runaway candidate.

The ballot’s other side features Murkowski’s Senate primary, where she faces Trump-endorsed Republican Kelly Tshibaka, a former department commissioner in Alaska’s state government. Throughout the primary season, Trump has sought to oust Republicans across the country whom he perceives as hostile to him. After Murkowski voted against Brett M. Kavanaugh’s nomination to the Supreme Court in 2018, Trump attacked her sharply and predicted her political demise.

Unlike in 2010, when Murkowski lost the Republican primary to a tea party candidate and won the general election only after a write-in campaign, she is favored to advance Tuesday to the November general election. That’s because of Alaska’s new open primary system, in which all 19 U.S. Senate candidates are appearing on a single, nonpartisan ballot, with the top four advancing to the November vote.

Murkowski, Tshibaka and Democratic Party-endorsed Pat Chesbro, a retired principal and schools superintendent, are considered the front-runners to advance, which has made for a primary with relatively little drama.

“There’s no great anticipation about whether or not Lisa Murkowski is going to advance,” Murkowski said in a phone interview Sunday from outside Fairbanks, where she was between a renewable energy fair and a soak in a pool at a local hot springs resort. “So, it does have a different feel.”

The race to replace Young has been livelier.

Palin surprised many Alaskans by filing, at the last minute, to run in her first election since her unsuccessful 2008 vice-presidential bid, and since her decision to step down as Alaska’s governor a year later.

Forty-seven others also filed to run in the June special primary election. They included the Anchorage newspaper’s gardening columnist, a Southeast Alaska halibut fisherman and a man legally named Santa Claus — who lives in the city of North Pole.

Palin, Begich and Peltola advanced to the general election, along with left-leaning independent Al Gross. But Gross dropped out shortly afterward, leaving the three others as the sole candidates on Tuesday’s ballot.

The three finalists in the special election are also candidates in the House primary for the November general election. That race appears on the same side of the ballot as the Senate primary in Tuesday’s vote. The top four finishers in the pick-one House primary will advance to November.

With the new ranked-choice system being used in the special election, voters state their top preferences for candidates. Unless a candidate gets more than half of first-choice votes — in which case that candidate would win outright — state elections officials will remove the third-place finisher from contention. Their voters’ second choices would then be transferred to the two remaining candidates.

While there’s been scant polling on the race, strategists in the state say they expect the most first-choice votes to go to Peltola, a former state legislator who would be the first Alaska Native member of the state’s congressional delegation. While Alaska leans Republican, Begich and Palin are likely to split the conservative vote, they said.

Palin, whose campaign has pushed “energy independence” and lobbed attacks at President Biden, held a rally with Trump at a packed Anchorage arena last month. Since then, she has announced no public events in Alaska and has touted endorsements from national conservative figures such as former housing and urban development secretary Ben Carson. Palin spoke earlier this month at the Conservative Political Action Conference in Dallas, and she blasted the FBI’s search of Trump’s Mar-a-Lago Club last week.

Palin campaign officials did not respond to requests for comment. Begich was quick to highlight her absence from events in Alaska.

“Her track record is really about making a case for herself — not for the state, not for those around her, but really about building her personal brand,” said Begich, a nephew of Democratic former U.S. senator Mark Begich and a grandson of Nick Begich, a Democrat who held Alaska’s seat in Congress until his plane went missing in 1972.

Palin, meanwhile, has taken her own shots at Begich, which is making some conservatives anxious: The negative campaigning from the two Republicans risks costing them each others’ second-choice votes, analysts say, making it more likely that Peltola will be elected.

“You want them to look at their second choice as someone they can live with. You can’t turn the second choice into someone they’d never vote for,” said Sarah Erkmann Ward, an Anchorage-based GOP strategist. If Peltola wins the special election, she added, “Republicans will have a collective moment where they need to reassess their strategy.”

Peltola’s campaign, meanwhile, has focused more on local issues, such as plummeting salmon returns in some of Alaska’s rivers, and she touts her background as a fisheries manager.

She responded to attack ads tying her to Biden and increased gas prices by joking that residents of her rural home region of Southwest Alaska would be delighted to pay $5 a gallon, as prices there have been substantially higher.

Peltola has also, however, stressed her support for abortion rights, and her volunteers have been calling independents and moderate Republicans — particularly women — in an effort to peel off first- and second-choice votes.

The Alaska election is the latest in a series of special U.S. House elections held in the wake of the Supreme Court’s decision to overturn Roe v. Wade, which established a constitutional right to abortion. Democrats and nonpartisan analysts have said they have seen signs of more Democratic optimism about the midterms in the special election results. But they acknowledged that Biden and his party continue to face significant political head winds.

While Alaska-based operatives across the political spectrum say Peltola has a realistic chance to win Tuesday’s election, national party arms such as the Democratic Congressional Campaign Committee (DCCC) have stayed out of the race so far.

Peltola, in a phone interview Sunday, called that decision “bizarre,” although she said it should tell voters that she’s “just a regular Alaskan” and not a “D.C. politician.” Her allies, meanwhile, are hoping that Peltola gets more support in the November general election, when she would be running for a full two-year term in Congress.

“It’s understandable, in a year when Democrats have been on the defensive, that they’ve been cautious about investing and learning in more red states,” said John-Henry Heckendorn, a nonpartisan Anchorage political consultant who is working with Peltola’s campaign. “But I think it’s very clear to people on the ground that they’re missing a huge opportunity if they don’t invest in this race.”

Maddy Mundy, a DCCC spokesperson, said in a statement that ranked-choice voting could create new opportunities for the party. “We are watching this race closely and look forward to seeing the finalized results from Tuesday’s election,” said Mundy.

If Palin is eliminated, enough of her voters are expected to rank Begich second that he would come from behind to beat Peltola, said Ivan Moore, whose Alaska Survey Research firm has done some of the only polling on the race. But if Begich, a businessman and software entrepreneur, places third, Moore said, he expects Peltola to win, because too many Alaskans have soured on Palin to rank her as their second choice.

“That will catch up with you when you get into the final two,” Moore said in a phone interview Sunday.

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Sarah Palin’s bid for new libel trial against New York Times denied by judge

Palin sued the Times and its former editorial page editor James Bennet in 2017 after they published an editorial that erroneously linked a map that Palin’s political action committee had posted to a shooting in 2011 that killed six and injured 13 others, including former Congresswoman Gabrielle Giffords, CNN has reported. A jury found in February that Palin had not proven her case.

“Because Palin’s instant motion is wholly lacking in merit, the Court denies it in full,” said the opinion and order from Judge Jed Rakoff.

“Whatever she may have claimed in her complaint and pre-trial submissions, Palin was unable to deliver at trial admissible evidence that remotely supported her claim that she was intentionally or recklessly defamed by the defendants,” the judge wrote in his opinion.

In 2017, the Times erroneously said that there was a “clear” link between a map that had crosshairs over congressional districts, including Giffords’, and the shooting that injured her.

Bennet testified that he added language about there being a clear link and that once he realized his error, he worked to quickly issue a correction.

“In a defamation case brought by a public figure like Sarah Palin, a mistake is not enough to win if it was not motivated by actual malice,” Rakoff wrote in his opinion. “And the striking thing about the trial here was that Palin, for all her earlier assertions, could not in the end introduce even a speck of such evidence.”

Times spokesman Charlie Stadtlander responded to the order, saying, “We are pleased to see the court’s decision, and remain confident that the judge and jury decided the case fairly and correctly.”

CNN has reached out to attorneys for Palin, the Times and Bennet for comment.

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Sarah Palin’s Bid for New Libel Trial Against The Times Is Denied

Sarah Palin lost her bid for a new trial in her libel case against The New York Times on Tuesday, with a judge ruling that she had failed to introduce “even a speck” of evidence necessary to prove the newspaper had defamed her in a 2017 editorial.

The written decision by Judge Jed S. Rakoff of U.S. District Court said that while mistakes were made as editors rushed to meet deadlines, “a mistake is not enough to win if it was not motivated by actual malice.”

Actual malice is the legal bar set by the Supreme Court that a public figure like Ms. Palin needs to prove to win a defamation case. That would mean that The Times either knew it was publishing false information or recklessly disregarded evidence despite harboring doubts about the truth of what it published.

“The striking thing about the trial here was that Palin, for all her earlier assertions, could not in the end introduce even a speck of such evidence,” Judge Rakoff wrote. “Palin’s motion is hereby denied in its entirety.”

Lawyers for Ms. Palin did not immediately respond to a request for comment.

“We are pleased to see the court’s decision, and remain confident that the judge and jury decided the case fairly and correctly,” said Charlie Stadtlander, a spokesman for The Times.

The libel suit by Ms. Palin, a former Republican vice-presidential candidate and governor of Alaska, focused on an editorial that falsely linked her campaign rhetoric to a 2011 mass shooting in Arizona. The Times corrected the editorial the morning after it was published.

Ms. Palin asserted that the editorial had been damaging to her reputation and career. Lawyers for The Times said that it was an “honest mistake” and that there was never any intention to harm Ms. Palin.

The trial came at a moment when people who believe journalists should be held liable for getting something wrong have been pushing to have the Supreme Court reconsider the issue. The current standard of libel was established by the 1964 case The New York Times Company v. Sullivan.

The end of the trial was not without drama. While jury deliberations were underway on Feb. 14, Judge Rakoff announced that he intended to dismiss the lawsuit — even if the jury ruled in Ms. Palin’s favor — because she had failed to show that The Times acted out of actual malice. The following day, the jury rejected Ms. Palin’s lawsuit.

It was later revealed that several jurors had learned of Judge Rakoff’s decision while they were still deliberating, thanks to push notifications on their cellphones. But in a subsequent order, Judge Rakoff said several jurors had told the court’s law clerk that the notifications “had not affected them in any way or played any role whatever in their deliberations.”

Ms. Palin’s lawyers cited the timing of Judge Rakoff’s announcement as one reason that a new trial should be held. Ms. Palin can appeal, but appeals courts tend to be deferential to jury decisions.

In April, Ms. Palin announced that she would be running for Congress in Alaska, in a return to national politics. She will join a crowded field of nearly 40 candidates to fill the House seat left vacant by Representative Don Young, who died in March.

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Palin’s House bid comes after meeting with Trump

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Former Alaska Gov. Sarah Palin spoke to former President Donald Trump prior to filing paperwork to run for Congress, and Trump encouraged her to do it, two sources familiar with the conversation told Fox News.

Palin announced Friday night that she is seeking the House seat being left vacant by the death of Rep. Don Young, who died earlier this year after serving for 49 years.

SARAH PALIN ANNOUNCES RUN FOR CONGRESS IN ALASKA

“I realize that I have very big shoes to fill, and I plan to honor Rep. Young’s legacy by offering myself up in the name of service to the state he loved and fought for, because I share that passion for Alaska and the United States of America,” Palin said in a statement posted to social media platforms.

Feb. 26, 2015: Former Alaska Gov. Sarah Palin speaks during the Conservative Political Action Conference (CPAC) in National Harbor, Md. (AP)

Friday was the last day that Palin could have entered the race, as it was the deadline for candidates to file for Alaska’s June 11 primary. The 2008 GOP vice presidential candidate joins a crowded field that contains more than 40 candidates vying for the seat that was held by Young for nearly half a century.

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The results of the primary election will be announced on June 26 and the top four finishers will advance to a special election on August 16 where the winner will be chosen via ranked-choice voting, according to Anchorage Daily News

Fox News’ Paul Steinhauser and Andrew Mark Miller contributed to this report.

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Sarah Palin’s positive COVID test clouds start of NY Times defamation trial

Former Alaska Gov. Sarah Palin speaks at a rally endorsing U.S. Republican presidential candidate Donald Trump for President at Iowa State University in Ames, Iowa January 19, 2016. REUTERS/Mark Kauzlarich/File Photo

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NEW YORK, Jan 24 (Reuters) – Sarah Palin, the 2008 Republican U.S. vice presidential candidate and former Alaska governor, has tested positive for the coronavirus, as she had been set to begin a defamation trial against The New York Times on Monday.

Palin’s positive test was announced by U.S. District Judge Jed Rakoff in Manhattan, who is presiding over the case.

“She is of course unvaccinated,” the judge said, referring to Palin.

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Palin is to be retested on Monday morning, to determine whether jury selection can begin later that day or the trial should be adjourned, likely until Feb. 3.

Rakoff said Palin’s positive test came from an at-home test whose reliability was lower than tests administered at the courthouse and required for the trial.

Palin, 57, has accused the Times and its former editorial page editor James Bennet of damaging her reputation in a June 14, 2017, editorial linking her to a 2011 mass shooting in Arizona that killed six people and wounded U.S. Representative Gabby Giffords.

The editorial, headlined “America’s Lethal Politics,” was published after a shooting at a baseball practice in Alexandria, Virginia where U.S. Representative Steve Scalise, a top Republican from Louisiana, was wounded.

It said “the link to political incitement was clear” between the 2011 shooting and a map circulated by Palin’s political action committee putting 20 Democrats including Giffords under “stylized cross hairs.”

The Times quickly corrected the editorial, saying it wrongly stated that political rhetoric and the 2011 shooting were linked, and Bennet has said he did not intend to blame Palin.

But Palin said the disputed material fit Bennet’s “preconceived narrative,” and that he was experienced enough to know what his words meant.

A trial is expected to last five days.

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Reporting by Jonathan Stempel in New York; Editing by Chizu Nomiyama and Alistair Bell

Our Standards: The Thomson Reuters Trust Principles.

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