Green Party of Alaska
PO Box 112947, Anchorage AK 99511-2947
Ph: (907) 745-6962
E-mail: greenak@ak.net
Visit our website: http://www.alaska.greens.org
February 10, 2006
Contact: Jim Sykes 745-6962 for questions or interviews
The Green Party will be able to enter the 2006 election cycle as fully recognized as other political parties by Court Order. Superior Court Judge Stephanie Joannides granted a preliminary injunction that prevents the State of Alaska from denying the Green Party equal benefits accorded to other Alaska political parties. Elections Advisor Jim Sykes said, "This is the second time the courts have struck down unfair legislative tampering with election laws dealing with political parties."
The Green Party challenged the law that restricts a ballot test of 3% to only one statewide race--3% of the vote in the Governor's race. If there's no Governor's race, 3% in the U.S. Senate race. If there is neither a Governor's race or US Senate race, then 3% in the U.S. House race. Sykes added, "The idea that only one statewide race can qualify in a certain year doesn't pass the 'red-face' test. The 1998 the Governor's race attracted the fewest number of voters of three statewide races."
Sykes stated, "The Greens are the only small party in Alaska that has received more than 3% in a statewide political race every general election since 1990. Any one of those election results should be more than sufficient to meet the "modicum of support" test that is the basis for the law."
Access to the primary election in Alaska is critical. All political parties in Alaska added together are less than a majority of registered voters, so the minority Republicans and Democrats use the primary as a beauty contest that adds legitimacy to their tiny status. The press covers candidates running in the primary, but not those doing so by nominating petition. So while the two processes are supposed to be equal in the eyes of the law, ballot qualified political parties have a built-in advantage.
In 2002 the Green Party candidate for Governor got less than 3%. Green candidates for U.S. House and U.S. Senate received more than 6% and 7% respectively but the Green Party was decertified anyway. A preliminary injunction from Superior Court restored ballot status for the 2004 election, but the law changed in 2003 requiring 3% in the U.S. Senate race in the absence of the Governor's race. In 2004, the candidate for U.S. senate got less than 3% of the vote, but the Green candidate for U.S. House received more than 3%. Again the state decertified recognition.
The judge agreed, that if the Green Party were to win a U.S. Senate or U.S. House race and did not get 3% in the year of a Governor's race, they would still be denied political party recognition. The Judge also stated that the state's claim would not be likely to be held up in a "strict scrutiny constitutional analysis."\
"That's how absurd this law is," said Sykes. "The Republican majority took a bad 2002 law and made it even worse in 2003."
Sykes added, "Reasonable political party requirements passed the House last year but they were stripped out by the last Senate committee. This year, I hope the legislature will restore the fair legislative proposal intended to replace this ridiculous law."
NOTE: Case No. 3AN-05-10787CI
