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The Alaska Supreme Court will hear arguments Wednesday in a lawsuit over the Democratic primary in House District 40, which stretches from Kotzebue to Kaktovik.
The outcome could determine the balance of power in the state legislature next year.
The Division of Elections originally declared Dean Westlake of Kotzebue the winner, beating incumbent Representative Benjamin Nageak, of Barrow, by eight votes.
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But Nageak challenged those results, pointing to voting irregularities in several precincts. Last week, a Superior Court judge threw out 12 votes from the village of Shungnak and two from Kivalina, giving Nageak a narrow, two-vote win.
The state appealed that decision to the Alaska Supreme Court.
With no other candidates running in the general election, whoever wins the primary will head to Juneau in January, and the decision could tip control of the state House. Though both candidates are Democrats, Nageak caucuses with the Republican majority, while Westlake has said he will join other Democrats.
Oral arguments will begin at 10 a.m. Wednesday in the Boney Courthouse in downtown Anchorage. The justices are expected to rule by Friday, Oct. 14 — that’s the deadline for the state to begin mailing out ballots for the general election in November.
