• Home
  • Opinion
  • Quizzes
  • Redistricting
  • Sections
  • About Us
  • Voting
  • Independent Voter News
  • Campaign Finance
  • Civic Ed
  • Directory
  • Election Dissection
  • Events
  • Fact Check
  • Glossary
  • News
  • Analysis
  • Subscriptions
  • Log in
Leveraging Our Differences
  • news & opinion
    • Big Picture
      • Civic Ed
      • Ethics
      • Leadership
      • Leveraging big ideas
      • Media
    • Business & Democracy
      • Corporate Responsibility
      • Impact Investment
      • Innovation & Incubation
      • Small Businesses
      • Stakeholder Capitalism
    • Elections
      • Campaign Finance
      • Independent Voter News
      • Redistricting
      • Voting
    • Government
      • Balance of Power
      • Budgeting
      • Congress
      • Judicial
      • Local
      • State
      • White House
    • Justice
      • Accountability
      • Anti-corruption
      • Budget equity
    • Columns
      • Beyond Right and Left
      • Civic Soul
      • Congress at a Crossroads
      • Cross-Partisan Visions
      • Democracy Pie
      • Our Freedom
  • Pop Culture
      • American Heroes
      • Ask Joe
      • Celebrity News
      • Comedy
      • Dance, Theatre & Film
      • Diversity, Inclusion & Belonging
      • Faithful & Mindful Living
      • Music, Poetry & Arts
      • Sports
      • Technology
      • Your Take
      • American Heroes
      • Ask Joe
      • Celebrity News
      • Comedy
      • Dance, Theatre & Film
      • Diversity, Inclusion & Belonging
      • Faithful & Mindful Living
      • Music, Poetry & Arts
      • Sports
      • Technology
      • Your Take
  • events
  • About
      • Mission
      • Advisory Board
      • Staff
      • Contact Us
Sign Up
  1. Home>
  2. Voting>
  3. voting>

Alaska's new elections system challenged in state court

Sara Swann
https://twitter.com/saramswann?lang=en
December 02, 2020
Alaska
Zihao Chen/Getty Images

The sweeping overhaul of Alaska elections that won narrow approval last month is already being challenged in court.

A lawsuit filed in state court Tuesday by members of three political parties argues the new system must be stopped before it violates Alaskans' right to free political association, free speech, petition, due process and other rights guaranteed by the U.S. and state constitutions.

If the suit fails, starting in 2022 the traditional partisan primaries will be eliminated in favor of single contests open to all candidates for governor, state executive offices, the Legislature and Congress. The top four finishers, regardless of party, will advance to a general election reliant on ranked-choice voting.


Alaska Independence Party Chairman Robert Bird, Libertarian Scott Kohlhass and Republican attorney Kenneth Jacobus sued a day after the state certified that the ballot measure prevailed by just 3,800 out of 344,000 votes cast, a margin of 1 percentage point.

The plaintiffs argue this new election system will prevent voters from participating in their political party's process for selecting candidates to represent them and the party in a manner consistent with the party's rules.

"All political parties may select their candidates in accord with the rules of each party. This right to do so is a right guaranteed to each party and its members by the First Amendment to the United States Constitution, applicable to the defendants through the Fourteenth Amendment and the Constitution of the State of Alaska. This right of all political parties and their members has been confirmed by the Supreme Court of the United States," the lawsuit argues.

Sign up for The Fulcrum newsletter

In addition, the suit maintains, electoral history in the state suggests that only Democrats and Republicans will advance to the November ballot, "leaving no room for members of other parties."

Defendants include the state Division of Elections and election officials. The Alaska Department of Law "will review the pleadings and respond in a timely manner," spokesperson Maria Bahr said.

In addition to making Alaska the only state other than Maine using ranked elections for almost all contests, the ballot measure also imposes new campaign finance disclosure requirements for legislative and local races.

From Your Site Articles
  • The 10 most important ballot proposals for fixing democracy - The ... ›
  • Alaska decides to switch to open primaries and ranked elections ›
  • RCV may be coming to Lansing and Seattle, eventually - The Fulcrum ›
Related Articles Around the Web
  • Alaska becomes second state to approve ranked-choice voting as ... ›
  • Lawsuit filed over Ballot Measure 2, ranked choice voting, jungle ... ›
  • Lawsuit challenges Alaska's new ranked-choice voting ballot measure ›
voting

Want to write
for The Fulcrum?

If you have something to say about ways to protect or repair our American democracy, we want to hear from you.

Submit
Get some Leverage Sign up for The Fulcrum Newsletter
Confirm that you are not a bot.
×
Follow

Support Democracy Journalism; Join The Fulcrum

The Fulcrum daily platform is where insiders and outsiders to politics are informed, meet, talk, and act to repair our democracy and make it live and work in our everyday lives. Now more than ever our democracy needs a trustworthy outlet

Contribute
Contributors

To advance racial equity, policy makers must move away from the "Black and Brown" discourse

Julio A. Alicea

Policymakers must address worsening civil unrest post Roe

Sarah K. Burke

Video: How to salvage U.S. democracy from the "tyranny of the minority"

Our Staff

What "Progress" should look like, and what we get wrong

Damien De Pyle

The long kiss goodnight: Nancy Pelosi and the protracted decay of public office

Kevin Frazier

Demanding corporate responsibility for food system challenges

C.Anne Long
latest News

Ask Joe: Warring with AI is warring with ourselves

Joe Weston
14h

Prioritizing the grand challenges

Leland R. Beaumont
14h

Podcast: All politics is local

Our Staff
14h

The show must go on

Amy Lockard
21 September

Constitution Day conversation with Jamie Raskin: Preserving democracy today and tomorrow

Rick LaRue
Jamie Raskin
21 September

Meet the Faces of Democracy: Stephen Richer

Michael Beckel
Ariana Rojas
20 September
Videos
Video: Expert baffled by Trump contradicting legal team

Video: Expert baffled by Trump contradicting legal team

Our Staff
Video: Do white leaders hinder black aspirations?

Video: Do white leaders hinder black aspirations?

Our Staff
Video: How to prepare for student loan repayments returning

Video: How to prepare for student loan repayments returning

Our Staff
Video: The history of Labor Day

Video: The history of Labor Day

Our Staff
Video: Trump allies begin to flip as prosecutions move forward

Video: Trump allies begin to flip as prosecutions move forward

Our Staff
Video Rewind: Trans-partisan practices and the "superpower of respect"

Video Rewind: Trans-partisan practices and the "superpower of respect"

Our Staff
Podcasts

Podcast: All politics is local

Our Staff
14h

Podcast: How states hold fair elections

Our Staff
14 September

Podcast: The MAGA Bubble, Bidenonmics and Playing the Victim

Debilyn Molineaux
David Riordan
12 September

Podcast: Defending the founding principles of our government

Our Staff
07 September
Recommended
Ask Joe: Warring with AI is warring with ourselves

Ask Joe: Warring with AI is warring with ourselves

Pop Culture
Prioritizing the grand challenges

Prioritizing the grand challenges

Big Picture
Podcast: All politics is local

Podcast: All politics is local

Big Picture
The show must go on

The show must go on

Big Picture
To advance racial equity, policy makers must move away from the "Black and Brown" discourse

To advance racial equity, policy makers must move away from the "Black and Brown" discourse

Big Picture
Constitution Day conversation with Jamie Raskin: Preserving democracy today and tomorrow

Constitution Day conversation with Jamie Raskin: Preserving democracy today and tomorrow

Big Picture