Joseph E. Vogler v. Terry Miller

In Vogler v. Miller, 651 P.2d 1 (Alaska 1982) we held that it is unconstitutional for the state to require independents and small party candidates to submit petitions carrying signatures equal in number to at least 3% of the votes cast in the preceding general election in order to obtain a place on the gubernatorial ballot. That opinion was issued on an expedited basis in light of the then pressing need to print ballots. We now address the issue left undecided there: whether the eligibility of a party to nominate a candidate for governor through a primary election may constitutionally be conditioned on that partys receipt of 10% of the votes cast in the preceding gubernatorial election.