Attorney General challenges ruling on Democrat primary

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Attorney General Jahna Lindemuth today appealed to the Alaska Supreme Court in the case of Alaska Democratic Party v. State of Alaska, which challenged a state statute requiring candidates who run in a political party’s primary to be actually registered as voters in that party.

The Alaska Democratic Party filed a suit against the State to be allowed to run unaffiliated candidates in its 2018 primary.

In October, Juneau Superior Court Judge Philip Pallenberg ruled the statute unconstitutional as it violates the Alaska Democratic Party’s First Amendment “freedom of association” with candidates who are not actual Democrats.

Lindemuth today said the matter is important enough to take to the Alaska Supreme Court for further review.

“We don’t agree with the superior court that the party membership requirement in state statute places an unconstitutional burden on political parties,” she said in a statement.

This story will be updated.

5 COMMENTS

  1. I’m finding this whole matter fascinating. I wonder: AG Lindemuth says the party membership requirement is not an unconstitutional burden — but have they said why there should be sucha a requirement in the first place? What’s the state’s interest here?

  2. Especially suspect as the Dems have been enjoying a publicly funded primary for years, just like the Reps, they both colluded to set up the system and have no problem manipulating it to suit their narrow political agenda.

    • That does seem a fair distinction. If you want the state to pay for your political parties primary you only let people in your party run in the primary.

      If you pay for your primary out of your own pocket then you have 100% control of who runs. See the classic case Beggers v Choosers.

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