On August 27, 2026, the Alaska Supreme Court issued an order in a case contending with the Division of Election’s approved language for ballot measure 2, a measure to repeal 19AKBE (approved in 2020), including the repeal of ranked-choice voting, jungle primaries, and certain campaign disclosure requirements.
Senator Cathy Giessel, President of Alaska AFL-CIO Joelle Hall, and former Senior Director of the Alaska Native Policy Center Wáahlaal Gidaag (Barbara Blake) sued the State of Alaska and Repeal Now, arguing that the approved language for ballot measure 2 misled voters regarding the repeal of jungle primaries. Repeal Now also sued the State of Alaska, also arguing that the language regarding primaries is misleading but for opposite reasons. Repeal Now also argued that the approved language failed to inform voters that the ballot measure would separate elections for Governor and Lieutenant Governor.
The Alaska Supreme Court ordered language be added to explain that the measure would separate elections for Governor and Lieutenant Governor, but upheld the rest of the Division of Election’s approved language.
Repeal Now issued a press release saying that they appreciate the Alaska Supreme Court ruling to the extent that the Court agreed with their request to correct the omission in Ballot Measure 2 which failed to inform Alaskans that the measure would separate elections for Governor and Lieutenant Governor but disagreed with the Court’s siding with the State regarding the language about primaries.
Judy Eledge, Chair of Repeal Now said, “The ruling today gave the state government a brand new power that should worry all Alaskan citizens: the power to collude with a dark money group behind closed doors to rewrite nearly one third of a citizen ballot measure, to do it after tens of thousands of voters had already signed in support of the original language, and the power to do so without the input of the citizen sponsors.”
Furthermore, Repeal Now is concerned that the court missed a clear opportunity to set the record straight on open primaries. Scott Kendall represents the dark money group spreading lies that voting Yes on 2 would result in closed primaries. During the proceedings, Mr. Kendall was forced to admit that voting Yes on 2 will return Alaska to the default primaries, which were open to independent voters in Alaska.
In oral arguments, the justices, Mr. Kendall, and Repeal Now all appeared to agree that voting Yes on 2 would not repeal open primaries in which all Alaskan voters may vote but would repeal jungle primaries in which all candidates appear on one ballot. However, the measure will appear on the ballot with this first line: “This act would get rid of open primaries . . .”
Voters should take note that Repeal Now seeks to restore Alaska’s primary system to what it was before 2020 in which 100% of Alaskan voters could vote, but candidates appeared on separate ballots by party rather than all on the same ballot with the top four advancing.
Read how the measure will appear on the ballot as well as the arguments for and against: For Informed Voters: RCV, Jungle Primaries, Campaign Finance Law— The Statements of Support and Opposition for Ballot Measure 2
