On Sunday, May 15, the Alaska legislature passed HB 94 in special session. However, the only ballot access improvement the bill makes is that it adds procedures for independent presidential candidates. Now Arkansas is the only state without such procedures.

HB 94 does not make it easier for a party to remain on the ballot. Therefore, Alaska still has the same irrational law that it passed in 2004. The law says a party can remain on if it has registration of 3% of the last vote cast, or if it polls 3% for Governor in gubernatorial election years, and 3% for US Senate in non-gubernatorial years. If US Senate isn’t up in non-gubernatorial years, then the US House vote is used.

This is an irrational law. The registration part of the law causes the requirement to fluctuate wildly between 6,500 registrants and 9,200 registrants, depending on whether the test if being applied before a presidential election year or a gubernatorial election year. And the vote test is irrational because it lets a party meet the vote test with a good showing for US Senate in presidential years, but not in gubernatorial years.