State asks judge to reconsider Tagle ruling, saying it would also reach Taylor

The Alaska Division of Elections asked an Anchorage judge Thursday to reconsider her ruling that disqualified Republican Jose Tagle Jr. in the House District 22 race, arguing that the same reasoning would reach Treg Taylor, the Republican candidate for governor.

Superior Court Judge Josie Garton ruled Oct. 22 that Lt. Gov. Nancy Dahlstrom violated state law by certifying Tagle's nomination after the Alaska Public Offices Commission found he had not substantially complied with the state's financial disclosure law in time. Dahlstrom certified Taylor the same day, Sept. 4, after the commission made a similar finding about him.

The ruling "applies equally to Taylor," the state wrote in its petition, but the effect would be different. Governor candidates run with a running mate, who moves up if the candidate is disqualified early enough. Applied to Taylor, the state wrote, the ruling would mean the ballot should have listed his running mate, Candi English, for governor.

The state's main request is for Garton to grant a rehearing and uphold Dahlstrom's Sept. 4 decision. Under state law, it argues, the commission's Aug. 28 finding against Tagle didn't take effect until 30 days after it was delivered, because the commission never ordered otherwise, so it wasn't yet in force when Dahlstrom certified him. Garton had ruled that it took effect immediately. The state asked for a quick decision because the election is Tuesday.

As a fallback, the state asked Garton to rule only that Tagle can't be certified if he wins, without undoing his nomination. Under that approach, the state wrote, a winning Taylor could not be certified either, and English would become governor.

The commission scheduled a special meeting Friday to discuss Garton's decision with its lawyers in a closed session, according to its meeting notice.

The commission voted 5-0 to recommend against certifying Tagle, finding he had not substantially complied with the law. His first disclosure listed no income sources, business interests or debts. Garton left his name on the ballot but wrote that his election "may not be certified if he does win."

The commission voted 4-1 that Taylor had not substantially complied either, finding his disclosure left out required information about a significant source of income by the deadline. Dahlstrom first refused to certify him, then reversed course Sept. 4 for both candidates, citing a preliminary Department of Law review.

The case was brought by Jenny-Marie Stryker and the Alaska Democratic Party. It is not clear whether Garton will rule before Tuesday.