The state of Alaska is asking a federal judge to dismiss a lawsuit seeking to prevent Alaska’s three electoral college voters from casting votes Monday for President-elect Donald Trump, arguing the lawsuit doesn’t have merit.
Janice Park of Anchorage, a Hillary Clinton supporter, is claiming that her equal protection rights under the Constitution are being violated because Clinton will win the popular vote but likely lose the electoral college. She claims her vote will not be counted equally as someone who voted for Trump because of that outcome.
The state admits the Electoral College system weighs the votes cast in different states differently, but that’s expressly authorized in the Constitution.
Park is representing herself, and she said she did not receive the state’s motion to dismiss Thursday.
U.S. District Judge Timothy Burgess is allowing Park until 10am Friday to submit any supplemental filings on why her case has merit. He said he would issue a decision out shortly after that time. Alaska’s three Republican electors are set to cast their votes Monday in Juneau.
