U.S. Department of Justice Civil Rights Division sing Section - NHB ‘TCH:RSB:JER:ANA Ast 950 Pennsylvania avenue, NW DJ 166-012-3 Weshingnn, DC 20830 2010-4265, November 1, 2010 Sarah J. Felix, Esq Assistant Attorney General P.O. Box 110300 Juneau, Alaska 99811-0300 Dear Ms. Felix: This refers to the use of an Official Certified Write-In Candidate List, in the format specified, by poll-workers for the November 2, 2010, general election, for the State of Alaska, submitted to the Attomey General pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c. We received your submission on October 29, 2010; supplemental information was received on November 1, 2010. At the outset, we note that the change previously submitted by the state in Submission Number 2010-4149, specifically, “the use of an Official Certified Write-in Candidate List, in the format specified” was enjoined by a state court on October 27, 2010. Alaska Democratic Party v. Fenumiai, @AN-10-11621C1 ). On October 29, the state supreme court held that the list tn the format specified was not valid under state law because it contained information concerning @ candidate's party affiliation, “which was not necessary to address a voter's request for assistance.” State of Alaska v. Alaska Democratic Party, (S-14054) (October 29, 2010), slip op. at p6. Asa result, that previously submitted standard, practice, or procedure affecting voting cannot serve as the benchmark for our analysis. Riley v. Kennedy, 553 U.S. 406 (2008) The Attomey General does not interpose any objection to the specified change. However, ‘we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would otherwise require an objection comes to our attention during the remainder of the sixty- day review period. Procedures for the Administration of Section 5 of the Voting Rights Act of 1965, 28 C.F.R. $1.41 and 51.43 Because the Section 5 status of this change is at issue in Rudolph v. Fenumiai, 3:10-cv-00243 RRB (D. Alaska), we are providing counsel of record with a copy of this letter Sincerely, T Ene Bich. ‘J? Christian Herren, Jr. Chief, Voting Section TOTAL P. 02