On November 13, state Superior Court Judge Stephanie Joannides heard oral arguments in Green Party of Alaska v State, 3AN-05-10787. The issue is Alaska’s definition of “party”. That definition says that a party without registration of 3% must poll 3% for Governor, in gubernatorial years. The case was filed in the past, at a time when Greens had polled 3% for U.S. Senate and U.S. House, but not Governor.

Although it is true that in 2006, the Green Party didn’t poll 3% for any statewide race, and thus will not be on the ballot automatically for 2008 even if it wins the case, both sides seemed to agree that the 2006 election results are immaterial to a judgment about the law. No one claimed the lawsuit is moot.

Judge Joannides is the same judge who earlier granted an injunction keeping the party on the Alaska ballot while the case is pending. She said she would rule as quickly as she can.

In 1982, the Alaska Supreme Court said that ballot access has greater protection under the Alaska Constitution, than under the U.S. Constitution. Therefore, ever since, all constitutional ballot access cases in Alaska have always been filed in state court, not federal court.