Alaska Policy Forum v. Alaska Public Offices Commission; Yes on 2 for Better Elections; and Protect My Ballot

Summary

The opinion concludes that Alaska Policy Forum’s publications opposing ranked-choice voting were communications and express communications subject to Alaska’s reporting, registration, and paid-for-by disclosure requirements. It holds that applying the express-communication standard to ballot propositions is permissible, that the statutes are not unconstitutionally vague as applied to APF’s speech, and that the requirements satisfy exacting scrutiny on the record presented. The court also declines to decide APF’s facial overbreadth challenge because inadequate briefing waived it.