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FAX

STATE OF ALASKA

Division of Elections
February 28, 2012

Office of the Lieutenant Governor

Dear Mr. Epperly:

This letter is in response to your complaint dated February 21, 2012, challenging the nomination of President Barack Obama to the 2012 primary and general election ballots in Alaska. As a preliminary matter, Alaska does not have a presidential primary, and therefore no presidential candidates appear on the primary election ballot. Therefore, your complaint about President Obama's eligibility is not applicable to the primary election. Second, the procedures you reference in your complaint regarding challenges to candidate eligibility do not apply to candidacy for national executive office and such a challenge cannot be addressed through those procedures. Specifically, note that the names of presidential candidates from recognized political parties are submitted to the division of elections following the national party conventions. The state has no involvement in the parties' candidate selection process. There is nothing in state law that allows the Division of Elections to intervene in the selection of presidential candidates. For further reference, see 6 AAC 25.260 and AS 15.25.010-AS 15.25.200 and AS 15.30.010-AS 15.30.100, which we have enclosed for your convenience. The Division of Elections has been following litigation regarding the issue of President Obama's eligibility for office in other states. Our understanding is that the claims regarding President Obama's lack of eligibility for the presidency are false and that no court has found any merit in them.

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Gail Fenumiai Director
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Mr. Gordon Epperly PO Box 34358 Juneau AK 99803-4358

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Director's Office PO Box 110017 Juneau , Alaska 99811-0017 907.465.461 1 907.465.3203 elections(a)alaska.gov

Regional Offices Anchorage 907.522.8683 Fairbanks 907.451.2835 Juneau 907.465.3021 Nome 907.443.5285

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www.elections.stale.ak.us

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Hon. Representative Mike Chenault, Speaker of the House Han. Representative Alan Austerman, House Majority Leader Han. Representative Beth Kerttula, House Minority Leader Han. Senator Gary Stevens, Senate President Han. Senator Kevin Meyer, Senate Majority Leader Han. Senator JOIUl Coghill, Senate Minority Leader Han. Mead Treadwell, Lieutenant Governor

Mr. Gordon Epperly February 28, 2012 Page 2of2