On April 28, the Alaska Supreme Court issued an opinion in Guerin v State Division of Elections, S18457. That case concerned the special election for U.S. House that was held on August 16, 2022. The special election was needed because the incumbent U.S. House member for Alaska had died in early 2022.
After the special primary in June 2022, the candidate who had placed third, Al Gross, an independent, withdrew from the special general election. The Division of Elections let him withdraw (even though he arguably withdrew too late) but didn’t let the fifth-place finisher replace him. So the special general election only had three candidates, not four as would normally be the case in Alaska’s top-four system.
The lawsuit had been filed before the special general election by supporters of the candidate who had placed fifth in the special primary. They argued that he should have been included in the special general election. The decision surprised everyone, because it takes a position that had not been argued by either side. The Court said the state should not have let Al Gross withdraw, and that has name should have remained on the special general election. So the fifth place finisher did not deserve to be on the special general election ballot. Thanks to Ken Jacobus for this news.