Alaska Independence v. State of Alaska

I. Factual and Procedural Background

Alaska has a mandatory direct primary system, in which all candidates for elective state and national office who appear on ALASKA INDEPENDENCE PARTY v. ALASKA 14181 the state’s general election ballot are “nominated in a primary election by direct vote of the people.” Alaska Stat. § 15.25.010. Alaska allows each political party to choose who among the electorate may vote in its primary. Under Alaska’s default rule, a party’s nominee is selected by voters affiliated with that political party, as well as voters who are not affili- ated with any party. Id. Such a primary is conventionally referred to as a “limited open primary” or “partially closed primary.” See State v. Green Party of Alaska, 118 P.3d 1054, 1057-58 (Alaska 2005). A party may opt out of these default provisions, however, by restricting its ballot to affiliated vot- ers only, thereby holding a “closed primary,” or expanding its ballot to even those voters who are registered with other polit- ical parties, an “open primary.” See Alaska Stat. §§ 15.25.010, 15.25.014(a); see also Green Party, 118 P.3d at 1057-58 (explaining the operation of Alaska’s mandatory direct…