Alaska Supreme Court to hear arguments in case seeking to keep ranked vote repeal measure off ballot

JUNEAU, Alaska — The Alaska Supreme Court is set to hear a case Thursday that will decide whether a measure to repeal the state’s new open primary and ranked choice general election system will remain on the November ballot.

The parties arguing the case in Anchorage are seeking a ruling from the state’s high court by Sept. 3.

Three voters who sued to disqualify the measure from the ballot are challenging Superior Court Judge Christina Rankin’s decision in June that the state Division of Elections complied with deadlines and acted within its authority when it allowed sponsors of the repeal measure to fix errors with petition booklets after they were already turned in.

Rankin in a subsequent decision found instances in which the signature-gathering process was not properly carried out by repeal supporters, and she disqualified those booklets. But the appeal focuses on the deadline questions.

Getting an initiative on the ballot requires signature gathering. People who circulate petition booklets must attest to meeting certain requirements and have their affidavits notarized or certified.

The Division of Elections found problems with more than 60 petition booklets — most of which involved a person whose notary commission had expired — and began notifying the initiative sponsors of the problems on Jan. 18, six days after the petition was turned in, attorneys for the state and plaintiffs have said.

The sponsors of the repeal measure ultimately returned 62 corrected booklets before the division completed its signature count in March. Attorneys on both sides have said the measure would not meet the signature requirements to qualify for the ballot if the 62 booklets were thrown out.

The 2020 initiative replaced party primaries with open primaries and instituted ranked vote general elections. Under the open primary system, voters are asked to pick one candidate per race, with the top four vote-getters, regardless of party affiliation, advancing to the general election.

The new system was first used in 2022 and is being used again for this year’s elections. Many of this year’s legislative races had fewer than four candidates in the primary.

Supporters of ranked choice voting say it gives voters more choice and rewards candidates who appeal to a broader portion of the electorate. Opponents say it’s confusing and pushes voters to rank candidates they don’t necessarily support.