Friday, October 31st, 2008...2:38 pm
Alaska Attorney General Opinion on Stevens Voting Rights
Senior Assistant Attorney General Michael Barnhill, in his October 29th Memorandum for the State of Alaska Department of Law, opines:
1) conviction of 18 U.S.C. § 1001 is “a felony involving moral turpitude” under AS 15.05.030(a); and
2) a return of a guilty verdict is probably not a “conviction” that would bar Senator Stevens from voting under AS 15.05.030(a).
Barnhill concludes:
According, we think that Senator Stevens should not be barred from voting under AS 15.05.030(a) until a final judgment and sentence ha[ve] been entered by the federal court in his case. As noted above, given the high profile nature of this issue, this conclusion may be challenged in court. If a legal challenge is mounted prior to Senator Stevens casting his ballot, the Division of Elections should provide Senator Stevens with a questioned ballot.
H/T: ADN
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