Judge says independents can run in Democratic primary

  • By Becky Bohrer
  • Tuesday, October 17, 2017 10:04pm
  • News

JUNEAU — A state court judge in Alaska on Tuesday sided with Democrats seeking to allow independent candidates to run in their party primaries.

In a written decision Tuesday, Superior Court Judge Philip Pallenberg said by not allowing unaffiliated candidates to participate in Democratic primaries, the state is restricting the party’s attempt to appeal to independent voters.

The decision comes in a case brought against the state by the Alaska Democratic Party — and, if it stands, it could have implications for next year’s elections.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The party challenged a state law requiring primary election candidates to be registered members of the party whose nomination they’re seeking.

Democrats asked that the law be considered unconstitutional to the extent that it restricts candidate participation to registered members when political party rules allow for non-member candidates.

Politically unaffiliated voters — those labeled as “undeclared” or “nonpartisan” — comprise the largest voting bloc in the state. Anyone, regardless of party affiliation, can vote in the Democratic primary.

Pallenberg wrote that, by limiting the party primary to registered Democrats, the state interferes with the Democrats’ chosen strategy to broaden its support in the general election.

The decision could be appealed. State Department of Law spokeswoman Cori Mills said by email that the state is reviewing the decision.

Jay Parmley, executive director of the Alaska Democratic Party, said the decision could have a long-term, positive impact on the party. “This was always done with the long game in mind,” he said of the party’s challenge.

A prior challenge to the law by Democrats was tossed as premature last year because it was brought before the Democrats formally adopted a party rule seeking to allow politically unaffiliated candidates to run in its primaries.

This case looms over a coming election year set to feature the governor’s race and legislative seats.

Gov. Bill Walker and Lt. Gov. Byron Mallott won the support of Democratic Party leaders in 2014 in banding together to upset Republican incumbent Gov. Sean Parnell.

In teaming up, Walker changed his party affiliation from Republican to undeclared and Mallott, a Democrat who had won his party’s nomination for governor, put aside that ambition to be Walker’s running mate. Mallott remained a Democrat.

Walker and Mallott in August announced plans for re-election. Walker said at that time they planned make an independent run and collect signatures necessary to qualify for next year’s ballot.

When asked if they would consider running in the Democratic party if allowed, Walker in August said things sometimes change during an election process and “we typically don’t say never to anything, quite honestly.”

“But this is the path that we have chosen” and having a bipartisan administration has served Alaska well, he said at that time.

Walker campaign spokeswoman, Lindsay Hobson, said Tuesday that Walker and Mallott did not have a comment on the court decision.

Walker and Mallott have an ongoing duty to uphold the state’s laws, Hobson said. “Since this is a pending legal matter to which the State is a party, the candidates cannot comment at this time,” she said in a text.

State Republican Party Chairman Tuckerman Babcock said he was delighted that Pallenberg ruled “in favor of freedom and freedom of association.”

Republicans and Democrats should be allowed to decide who can run in and vote in their respective primaries, Babcock said. He plans to ask his party’s rules committee to look at the state GOP’s rules and “how we might address additional opportunities,” he said.

More in News

Welcome messages in multiple languages are painted on windows at the University of Alaska Anchorage at the start of the semester in January. (University of Alaska Anchorage photo)
Juneau refugee family gets ‘leave immediately’ notice; 4 people affiliated with UAA have visas revoked

Actions part of nationwide sweep as Trump ignores legal orders against detentions, deportations.

The Soldotna Field House is seen on a sunny Monday, March 31, 2025, in Soldotna, Alaska. (Jake Dye/Peninsula Clarion)
Soldotna sets fees, staffing, policy for field house

After a grand opening ceremony on Aug. 16, the facility will be expected to operate in seasons.

Alaska State Troopers logo.
Officers who shot and killed man in Kasilof found ‘justified’

The three officers were found to be justified in their force by the Office of Special Prosecutions.

A screenshot of a Zoom meeting where Superintendent Clayton Holland (right) interviews Dr. Henry Burns (left) on Wednesday, April 9, while Assistant Superintendent Kari Dendurent (center) takes notes.
KPBSD considers 4 candidates for Homer High School principal position

School district held public interviews Wednesday, April 9.

Organizer George Matz monitors shorebirds at the former viewing platform at Mariner Park Lagoon. The platform no longer exists, after being removed by landowner Doyon during the development of the area. (Photo courtesy of Kachemak Bay Birders)
Kachemak Bay Birders kicks off 17th year of shorebird monitoring project

The first monitoring session of 2025 will take place Saturday.

The Alaska State Senate meets Thursday, where a bill boosting per-student education funding by $1,000 was introduced on the floor. (Mark Sabbatini / Juneau Empire)
Education bill with $1,000 BSA hike — and nothing else — gets to Senate floor; veto by Dunleavy expected

Senate president says action on lower per-student education funding increase likely if veto override fails.

A table used by parties to a case sits empty in Courtroom 4 of the Kenai Courthouse in Kenai, Alaska, on Wednesday, Dec. 11, 2024. (Jake Dye/Peninsula Clarion)
Trial for troopers indicted for felony assault delayed to 2026

The change comes four months after a judge set a “date-certain” trial for June.

Members of the Alaska State Employees Association and AFSCME Local 52 holds a protest at the Alaska State Capitol on Friday, Feb. 14, 2025. (Jasz Garrett / Juneau Empire file photo)
State employee salaries fall short of levels intended to be competitive, long-delayed study finds

31 of 36 occupation groups are 85%-98% of target level; 21 of 36 are below public/private sector average.

Most Read