In 2006, the Alaskan Independence Party filed a lawsuit in federal court, to force the state to recognize this party Bylaw: “In any election for public office where the Alaskan Independence Party is authorized by law to nominate a candidate, the State Committee shall be empowered to present a nominee in the name of the Alaskan Independence Party, or to reject any candidate not in compliance with these bylaws. Only those candidates endorsed by the Alaskan Independence Party may run as Alaskan Independence Party’s candidates in the primary or general election in the State of Alaska.”
The U.S. District Court brushed off the party’s lawsuit in a brief decision on February 20, 2007. The party appealed to the 9th circuit. It will probably be argued in August 2008. The question presented by this lawsuit is of great importance. Federal and state courts in Alabama, Georgia, and Hawaii have upheld the right of parties to exclude candidates from their primaries on the basis of the clash between the party’s platform and the candidate’s principles. The U.S. Supreme Court has issued decisions which imply that parties do have a right to exclude candidates from their own primaries, but has never squarely decided the issue.
The Alaskan Independence Party has tried to keep Daniel DeNardo off its primary ballots, because it considers him hostile to the party. DeNardo sued the party for $10,000,000 in 2005. He recently lost that case but he is appealing. In the meantime, he continues to file to run in the party’s primary. This year he is running for State House in the AIP’s primary.
The 9th circuit case is Alaskan Independence Party v State, 07-35186.