(SitNews) Anchorage, Alaska - Anchorage Superior Court Judge John Suddock affirmed today that Lt. Governor Mead Treadwell and the Divison of Elections acted appropriately in adopting the emergency regulation to allow the Walker-Mallott unity ticket, after being challenged on the decision in Strait v. Treadwell.

Judge Suddock concluded that there was a valid emergency under the Administrative Procedure Act, and that the Division of Elections was correct in following administrative precedent and Attorney General opinions to fill the statutory vacuum with a regulation to treat party and non-party candidates alike in allowing for a replacement.

“Of course, I am pleased with the court’s decision that we acted appropriately to provide equal protection for non-party candidates, as well as party-affiliated ones,” Treadwell said. “I am also pleased that Judge Suddock noted the ‘integrity and impartiality’ of our Division of Elections, in that we made a decision that doesn’t necessarily favor the administration in which we serve.”

Alaska gubernatorial candidate Bill Walker welcomed the court ruling today confirming the validity of the Walker/Byron Mallott unity ticket. “Elections should be decided at the ballot boxes, not the courtrooms,” Walker said. “We were careful to properly combine our campaigns, and have always been confident we moved correctly,” Walker said. “We’re pleased the court agreed with us.”

The combined Walker/Mallott campaign is the fifth instance of a non-party Alaska gubernatorial candidate choosing a running mate, and the fourth time such an action was allowed on the authority of emergency regulations promulgated by Alaska’s lieutenant governor and the Alaska Division of Elections.

“Clearly, the Division acted lawfully in placing the unity ticket on the ballot,” Walker/Mallott attorney Scott Kendall said. “Our position from the outset has been that this lawsuit is without merit. This is nothing more than a desperation tactic, made in response to Alaskan voters who are electrified by the Walker/Mallott ticket. Although we expected this outcome, we are grateful to Judge Suddock for rendering a wise, prompt and correct decision.”

Ruling from the bench immediately after oral arguments, Judge Suddock cited several factors in rendering his quick decision, including:

• the emergency regulation is valid;
• plaintiff’s attempt to treat party and no-party candidates differently is, in his words, “irrational”;
• the Division repeated a long-standing practice, acting on more than 30 years of precedent;
• multiple Attorneys’ General opinions over the years uphold the Division’s authority to act in such instances; and
• the past fifteen Alaska State Legislatures have chosen not to change or amend the lieutenant governor’s and the Division’s authority to issue emergency regulations.

Judge Suddock praised the work of the Division as “admirable” and said it acted with “integrity.” He was highly complimentary to the two Alaska Assistant Attorneys General for the quality of their presentations.

“Plain and simple, this lawsuit was filed to try to distract voters in an attempt to stem the strong upward momentum of our campaign,” Walker said. “Sean Parnell has failed to lead Alaska and has spent our state into an unsustainable $7 million per day deficit. He knows his record of big spending and failed leadership will cost him on November 4th.”

In a prepared statement Vince Beltrami, President of Alaska AFL-CIO, said, “I look forward to a gubernatorial race focused on Alaskans, not bureaucratic red tape. I want to thank the court for the quick decision. Our members’ first amendment rights were upheld today and the unity ticket will be on the ballot. It’s a good day for Alaska.”

On September 17, attorney and Republican Party activist Ken Jacobus went to court on behalf of the Republican Party’s district chair, Steve Strait, in an attempt to remove Parnell’s only significant opposition from the ballot. Jacobus’ asserted that Lieutenant Governor Mead Treadwell could not adopt emergency regulations to permit Bill Walker to substitute Byron Mallott as his running mate. Jacobus demanded that the court bar Walker and Mallott from appearing “as a combined non-party ticket”.

According to Lt. Governor Mead Treadwell, if an appeal is filed, the Department of Law is prepared to defend the state’s actions before the Alaska Supreme Court next week.

The Division of Election is proposing to create a permanent regulation governing replacement of a withdrawn lieutenant governor candidate nominated by petition, since there is currently no such permanent procedure in place. The public is invited to submit comments on the proposal.

Comments may be submitted to Becky Weimer with the Division of Elections until 4 p.m. on Tuesday, Oct. 7. Weimer can be reached at becky.weimer@alaska.gov or P.O. Box 110017, Juneau, AK 99811.

Edited by Mary Kauffman, SitNews

On the Web:

Public notice announcing the proposed regulations change:
http://www.elections.alaska.gov/doc/prpsa/2014-genr-Public-Notice.pdf

Source of News: 

Office of Lt. Gov. Mead Treadwell
www.ltgov.alaska.gov

Walker for Governor Campaign
http://www.walkermallottforalaska.com/

Alaska AFL-CIO
www.akaflcio.org

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