ELECTION LAW
Supreme Court of Alaska (2023)
Sarah Edwards
In Guerin v. State, 537 P.3d 770 (Alaska 2023), the supreme court held that the Division of Elections (“Division”) properly applied a 64-day time limit for candidate replacement, which prevented the inclusion of the fifth-place candidate on a special general election ballot, and that this exclusion did not violate the constitutional rights of Alaskan voters. (Id. at 773). In 2022, Representative Young died, and the governor called a special election to select a representative to finish his term. (Id.). 56 days before the special general election, a candidate, Dr. Al Gross, withdrew from the race. (Id. at 776). Preliminary results indicated that he was in third place at the time. (Id.). Alaska election law provides for the top four candidates to be placed on the ballot, and the fifth-place candidate may only be placed on the ballot if another candidate withdraws more than 64 days before the general election. (Id. at 775). A small group of voters filed an emergency complaint, challenging the Division’s decision not to include the fifth-place candidate, Tara Sweeney. (Id. at 776). The voters argued that Sweeney’s exclusion violated election statutes and their constitutional rights. (Id.). The superior court granted the Division’s motion for summary judgment, and the voters appealed. (Id.). The supreme court granted review, and reasoned that the 64-day deadline for withdrawal replacement that governs general elections should govern special general elections as well. (Id. at 777). Further, the court reasoned that the voters had ample opportunity to vote for the candidate of their choice, so their constitutional rights were not infringed. (Id. at 784–85). Affirming the superior court’s decision, the supreme court held that the Division properly applied the 64-day time limit for withdrawal replacement, and that this decision did not harm the constitutional rights of the plaintiffs. (Id. at 13).
