Judge upholds Alaska's ranked-choice voting law

JUNEAU (AP) – Absent an appeal and reversal by the state Supreme Court, Alaskans next year will select candidates for governor, Legislature and Congress without partisan primary elections. A state court judge on July 29 upheld a new voting process set to take effect for next year’s elections.

Superior Court Judge Gregory Miller said, “that the voters in November 2020 chose one system over the other does not make the new law … unconstitutional.”

Voters last year approved a system that will end party primaries and institute ranked-choice voting for general elections. The top four voter-getters in August primary races, regardless of party, will advance to the general election.

In the November general election, if no candidate wins more than 50% of the votes, the candidates with the fewest votes will be eliminated and those ballots recounted based on voters’ second, or third, preference until one candidate reaches 50% plus one and is declared the winner.

Attorney Kenneth P. Jacobus, who was among the plaintiffs and argued the case, said he needed to talk with the other plaintiffs before deciding whether to appeal to the Alaska Supreme Court.

Along with Jacobus, who used to represent the Alaska Republican Party, the other challengers of the ranked-choice voting law were Scott Kohlhaas, who unsuccessfully ran for state House as a Libertarian; Bob Bird, chairman of the Alaskan Independence Party; and the Independence Party.

The plaintiffs argued that an open primary, uncontrolled by the parties, violates political parties’ freedom of association. Miller rejected their claim. The Alaska Constitution’s freedom-of-speech section “says nothing about political parties’ right to mandate what words appear on a ballot,” the judge said.

Attorneys for the state argued in defense of the new system.

Scott Kendall, an attorney for the group behind the initiative, called Miller’s decision “a big victory for Alaska’s voters and a big step toward holding our first election under the new system Alaskans have chosen.”