ELECTION LAW
Supreme Court of Alaska (2025)
Michael Ash
In Alaska Democratic Party v. Beecher, 572 P.3d 556 (Alaska 2025), the Supreme Court of Alaska explained the reasoning behind a short order decision from September 2024, which allowed Hafner, the sixth place finisher in a ranked choice primary contest, to be elevated to one of the four spots on the general ballot after two of the top-four finishers timely withdrew. (Id. at 557–58). The Alaska Democratic Party (ADP) argued Hafner should not have been included on the general ballot because the plain language of Alaska Statute 15.25.100(c)—the rank-choice voting statute which allows elevation of candidates to the general ballot—only permitted the fifth-place finisher to be promoted. (Id. at 562). The statute states that “if a candidate nominated at the primary election . . . withdraws . . . after the primary election and 64 or more days before the general election, the vacancy shall be filled by the director by replacing the withdrawn candidate with the candidate who received the fifth most votes in the primary election.” (Id. at 561–62 (quoting Alaska Stat. § 15.25.100(c))). The Supreme Court held that this statute is ambiguous as to whether the withdrawal of multiple candidates allows the director to continue to fill vacancies. (Id. at 562). The Court proceeded to examine the language and purpose of Ballot Measure 2—the initiative which established rank-choice voting in Alaska—finding that the stated goal of improving voter choice and the repeated emphasis of four candidates indicates that the director is not limited to filling only one vacancy in the event of multiple withdrawals. (Id. at 558, 563–65). Additionally supporting a permissive reading, the Court followed prior precedent which supported reading ambiguous statutes in a way which provides greater ballot access. (Id. at 565–66). The Court did not reach the question of whether Hafner, a federal prison inmate in New York, was constitutionally unable to run due to his confinement. (Id. at 560). Instead, the Supreme Court of Alaska held that Alaska Statute 15.25.100(c) requires election directors to fill successive vacancies on the general election ballot if more than one top-four primary candidate timely withdraws and additional primary candidates are available. (Id. at 567).
