ELECTION LAW
Supreme Court of Alaska (2022)
Sarah Brooks
In Kohlhaas v. State, 518 P.3d 1095 (Alaska 2022), the supreme court upheld the constitutionality
of both open primaries and ranked choice voting for general elections approved by a ballot
initiative, Initiative 2. (Id. at 1100–01). Kohlhaas argued that Initiative 2 violated free speech
rights by allowing candidates to identify with a party on the primary and general election ballot
without nomination or endorsement from that party. (Id. at 1103). The court held that political
parties do not have a right to a state–run candidate nomination process, and the burden that
Initiative 2 places on the parties’ rights to associate is both limited and supported by important
regulatory interests. (Id. at 1108, 1111). Further, there is a disclaimer on each ballot and in each
polling place stating that a candidate’s statement of party affiliation does not indicate the party’s
approval or disapproval of the candidate. (Id. at 1110). The court also held that the nonpartisan
open primary did not violate the constitutional requirements for electing a lieutenant governor,
because the open primary process satisfied the constitutional requirement that the process for
nominating the lieutenant governor proceed in the same way as for all other elected offices. (Id. at
1118). Additionally, Kohlhaas argued that ranked choice voting may deny victory to the candidate
who received the most votes in the election. (Id. at 1120). The court disagreed, holding thata
ranked choice election is not complete until each vote has been fully tallied at which point the
candidate with the most votes wins the election. (Id. at 1122). Finally, the court held that ranked
choice voting does not place an unconstitutional burden on citizens’ right to vote. (Id. at 1123).
Specifically, the additional burden ranked choice voting places on voters is justified because of the
legitimate regulatory interests in allowing voters to express more nuanced candidate preferences
through ranked choice voting. (Id. 1124). In summary, the supreme court upheld the
constitutionality of the nonpartisan open primary and ranked choice voting components of
Initiative 2. (Id. at 1100–01).
