Alaska judge rules disqualified House candidate was wrongly placed on ballot

Court says lieutenant governor had no discretion to ignore campaign commission; Tagle's election cannot be certified if he wins

By LineZotpaper

Published23 October 2026

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An Anchorage Superior Court judge ruled Thursday that Alaska Lt. Gov. Nancy Dahlstrom and the Division of Elections acted incorrectly when they placed disqualified Republican candidate Jose Tagle on the general election ballot for state House District 22, and that his election may not be certified if he wins.

Alaska Lt. Gov. Nancy Dahlstrom and the Division of Elections acted incorrectly when they placed disqualified Republican candidate Jose Tagle on the general election ballot for state House District 22, an Anchorage Superior Court judge ruled Thursday.

Judge Josie Garton wrote in a decision published in the late afternoon that "Tagle's election may not be certified if he does win a majority of votes in the general election." She did not order the division to reprint ballots, and early and absentee voting is already taking place. Tagle may appeal the ruling, and a successful appeal could restore his candidacy.

Garton wrote that the division's erroneous certification "does not undermine the fundamental fairness of the election."

Tagle is running against Democratic incumbent Rep. Ted Eischeid, who is heavily favored in a district that went for Kamala Harris in the 2024 presidential election.

The case stems from a decision by the Alaska Public Offices Commission, which recommended in late August that Tagle be disqualified after he submitted a blank financial disclosure form and failed to amend it within a grace period allowed by state law. The commission also recommended disqualifying Republican gubernatorial candidate Treg Taylor for filing an incomplete form. Taylor and Tagle submitted amended forms after the deadline.

Dahlstrom initially followed the recommendations but reversed herself days later, restoring both men to the ballot. She cited a Department of Law review indicating that disclosure forms filed by many other candidates could also have problems. The Alaska Beacon's analysis of that review found many of the problems flagged by the department were either minor or did not exist at all.

The Alaska Democratic Party, which filed the lawsuit challenging Tagle's candidacy, welcomed the decision. "Mr. Tagle's completely blank disclosure left Alaskans in the dark," said party executive director Jenny-Marie Stryker. "Voters deserve to know the financial interests of our elected officials. That's the law, and it's just what's right."

The party's fight with the state has run through the summer. It sued the Division of Elections in July over Tagle's primary ballot placement, and Garton ruled against the party in August, finding that Tagle had 30 days under state law to fix his blank form and that the party had filed its suit too early. After Dahlstrom certified Tagle, the party filed a new complaint in September, and Garton heard oral arguments on Oct. 9.

In court, state attorneys abandoned the earlier argument that other candidates' problematic forms justified restoring Tagle. They contended instead that APOC's disqualification recommendation was not final, and that procedural errors, including a notice that did not state Tagle could appeal, meant Dahlstrom was not bound by it.

Garton rejected that position. She concluded that APOC's decision was "final and appealable" and that state law requires the lieutenant governor to follow it. "APOC's decision was effective immediately, and the potential procedural irregularities in APOC's proceedings did not provide grounds for the lieutenant governor to ignore the clear command of (state law)," she wrote.

She said Tagle's situation was "precisely the circumstances under which the Legislature intended a candidate for public office to forfeit his nomination," and that by certifying him, Dahlstrom and the elections director violated state law.

Garton ordered APOC to notify Tagle that he has 30 days to administratively challenge the disqualification decision. Tagle or state officials could also appeal Garton's ruling to the Alaska Supreme Court. The Division of Elections, the Department of Law and Dahlstrom's office did not immediately respond to requests for comment, and Tagle did not immediately respond to an email seeking his thoughts.

Analysis

Why This Matters

The ruling means Tagle could win the most votes in House District 22 and still be barred from taking office, making the certification of that race's result uncertain.
It reasserts that the Alaska Public Offices Commission has the final word on disclosure compliance, and that the lieutenant governor cannot override a disqualification order.
The same legal questions surround Republican gubernatorial candidate Treg Taylor, who was restored to the ballot under similar circumstances.

Background

Alaska requires candidates for state office to file financial disclosure forms documenting their financial interests so voters can see potential conflicts. The Alaska Public Offices Commission reviews the forms and can recommend disqualification where a candidate fails to comply. The lieutenant governor oversees the Division of Elections, which certifies candidates for the ballot.

This dispute began over the summer, when APOC recommended disqualifying Tagle for a blank form and Taylor for an incomplete one. Lt. Gov. Nancy Dahlstrom initially accepted those recommendations, then reversed herself and restored both men after a Department of Law review suggested other candidates' forms had problems. A state court ruling in August had already found the Democratic Party's first challenge premature.

Key Perspectives

The court: Judge Josie Garton found that APOC's disqualification decision was final, effective immediately and binding on the lieutenant governor, who had no discretion to disregard it. She wrote that Tagle's case was exactly what the legislature intended to trigger forfeiture of a nomination.

The Division of Elections and the Department of Law: State attorneys argued the APOC recommendation was not final, and pointed to procedural errors, including a notice that did not tell Tagle he could appeal. Garton did not accept those arguments, saying the recommendation took effect immediately.

The Alaska Democratic Party: The party pressed the challenge through two rounds of litigation and argued that voters were entitled to know the financial interests of candidates. Executive director Jenny-Marie Stryker said Tagle's blank disclosure left Alaskans in the dark.

What to Watch

Whether Tagle or the state appeals to the Alaska Supreme Court before the general election, and how quickly the court would act with early voting already underway.
Whether APOC issues the administrative notice that starts Tagle's 30-day window to challenge the disqualification.
How the Division of Elections reports the House District 22 result if Tagle wins, given the court has barred certification of his election.

Sources

Alaska Lt. Gov. incorrectly put disqualified candidate on the ballot, state judge rules · Alaska Beacon

Checked

10 claims in this story checked against 1 source: 7 supported.

Show each claim

SupportedAn Anchorage judge ruled that the disqualified House candidate was wrongly placed on the ballot.Alaska Beacon: “The Alaska Division of Elections and Lt. Gov. Nancy Dahlstrom acted incorrectly when they put disqualified Republican candidate Jose Tagle on the ballot for state House District 22, an Anchorage Superior Court judge said Thursday.”
Partly supportedThe lieutenant governor had no discretion to ignore the campaign commission.Alaska Beacon: “both parties agree, as does the court, that the Lt. Governor has no discretion to disregard a final decision by APOC that Tagle failed to substantially comply with (state law) within the deadline”
Partly supportedTagle’s election cannot be certified if he wins.Alaska Beacon: ““Tagle’s election may not be certified if he does win a majority of votes in the general election,” she wrote.”
SupportedGarton wrote that Tagle’s election may not be certified if he wins a majority of votes.Alaska Beacon: ““Tagle’s election may not be certified if he does win a majority of votes in the general election,” she wrote.”
SupportedGarton said the erroneous certification does not undermine the election’s fundamental fairness.Alaska Beacon: ““The Division’s certification, while erroneous, does not undermine the fundamental fairness of the election,” Garton said.”
SupportedTagle may appeal, and a successful appeal could restore his candidacy.Alaska Beacon: “Tagle may appeal the ruling. A successful appeal could see his candidacy restored.”
SupportedThe commission recommended Tagle’s disqualification after he submitted a blank financial disclosure and did not amend it within the state-law grace period.Alaska Beacon: “recommended in late August that Tagle be disqualified as a candidate after submitting a blank financial disclosure form and failing to amend it within a grace period allowed by state law.”
SupportedStryker said Tagle’s blank disclosure left Alaskans in the dark.Alaska Beacon: ““Mr. Tagle’s completely blank disclosure left Alaskans in the dark,” said party executive director Jenny-Marie Stryker.”
SupportedGarton ordered APOC to notify Tagle that he has 30 days to challenge the disqualification administratively.Alaska Beacon: “Garton concluded that APOC should notify Tagle that he has 30 days to administratively challenge the disqualification decision.”
Partly supportedThe Division of Elections, Department of Law and Dahlstrom’s office did not immediately respond to requests for comment.Alaska Beacon: “The Alaska Division of Elections, Alaska Department of Law and Dahlstrom’s office did not immediately respond to a request for their opinion of the decision.”