Judge vacates Tagle's House District 22 certification but leaves his name on ballots

Anchorage Superior Court Judge Josie Garton on Thursday vacated Republican Jose Tagle Jr.'s certification as the House District 22 nominee. She ruled that Lt. Gov. Nancy Dahlstrom broke the state's financial disclosure law when she certified him over an Alaska Public Offices Commission finding against him.

Tagle's name stays on the Nov. 3 ballot, and the court ordered no reprint. Because he is disqualified, Garton wrote, his name "will therefore have no impact on the outcome of the election," and his election "may not be certified if he does win a majority of votes in the general election." The ballot lists Tagle, Democrat Ted J. Eischeid and a write-in line.

Jenny-Marie Stryker and the Alaska Democratic Party brought the case. According to the court's decision and order, Tagle's June 1 financial disclosure listed no income sources, business interests, loans or debts. He amended the filing twice in August, blaming "a glitch," but both amendments came after the July 1 grace-period deadline.

The commission rejected his explanation, citing his experience as a filer, the notice he got of the problems during the grace period and staff's failure to find error logs to back his claim. On Aug. 27 it voted 5-0 to recommend against certifying him.

"These are precisely the circumstances under which the Legislature intended a candidate for public office to forfeit his nomination," Garton wrote.

Dahlstrom adopted the recommendation Aug. 31, then reversed herself Sept. 4 and certified both Tagle and gubernatorial candidate Treg Taylor. She cited a preliminary Department of Law review that found "numerous potential discrepancies" between candidates' statements and public records. "I will not withhold certification from two candidates on recommendations that, in light of this additional information, I cannot apply with confidence across the field of candidates," she said in a Division of Elections announcement. Democrats then went back to court to challenge that reversal, as Alaska News reported Sept. 10.

At oral argument Oct. 9, the state dropped its argument that other candidates' possible deficiencies justified setting aside the commission's finding. Its lawyers argued instead that the commission's decision was not final or not yet in effect on Sept. 4.

Garton held that the commission's Aug. 28 order was final and took effect immediately, disqualifying Tagle that day. In a footnote, she wrote that the lieutenant governor exceeded her authority. The court found no due process violation.

The Division of Elections must notify Tagle by certified mail that he is disqualified. Because neither commission order told him it was final, he will have 30 days from that notice to appeal. If either decision is reversed, the court wrote, keeping his name on the ballot would avoid the need for a new election.