Judge dismisses lawsuit to block Alaska electors from voting for Trump

Published: Dec. 15, 2016 at 11:05 AM AKST
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A judge has dismissed a lawsuit from a Hillary Clinton supporter who sued Alaska's three members of the Electoral College.

U.S. District court Judge Timothy Burgess granted the defendants' motion to dismiss.

In its motion, the Attorney General and Assistant Attorney General argued, "the plaintiff has failed to state a claim for which relief may be granted because the Electoral College is part of the constitutional framework for electing the President and Vice-President of the United States of America."

In its argument, attorneys for the defendant also cited that last month, the U.S. District Court for the Central District of California dismissed essentially the same complaint filed by John Birke.

In that ruling, the California District Court denied Birke's motion, concluding that "no lawsuit can replace the Electoral college; only a constitutional amendment can do so."

Electors meet in Juneau on Monday to cast Alaska's three votes, likely for President- Elect Donald Trump.

ORIGINAL STORY A Hillary Clinton supporter from Anchorage is suing Alaska's three members of the Electoral College, claiming their anticipated votes for President-elect Donald Trump next Monday will violate her constitutional rights. Janice Park's lawsuit will be heard Thursday in federal court in Anchorage. It claims that since Clinton is winning the overall nationwide popular vote, her vote for Clinton will not be counted as a full vote since Trump will likely win the Electoral College process. She claims this will deprive her of her Fifth Amendment rights of equal protection and the principal of one person, one vote. The popular vote doesn't decide the winner of the presidential race, and Trump defeated Clinton by nearly 47,000 votes in Alaska. The Alaska Department of Law is defending the three electors. A department spokeswoman said they were served the lawsuit Wednesday and are reviewing it.