Judge tosses Alaska Democrats’ lawsuit

A Juneau Superior Court judge has dismissed a lawsuit brought by the Alaska Democratic Party against the state of Alaska for its refusal to allow independents to appear on the party’s fall primary ballot.

In his decision, Judge Louis James Menendez wrote that the state’s motion to dismiss the case was appropriate because the Alaska Democratic Party has itself not yet approved rules allowing independents onto the party ballot.

That decision will not be made until the party’s statewide convention in May, when delegates will be asked to change the party’s rules.

“ADP’s exhibits … make clear that ADP’s rule change allowing independent and non-affiliated candidates to run in the Democratic primary is only a proposed rule change at this point in time,” Menendez wrote. “Any such rule change … will not be known to the parties or the court until the upcoming state convention, taking place in May of 2016.”

The Alaska Democratic Party opened its case against the state in February after Alaska Lt. Gov. Byron Mallott told ADP chairwoman Casey Steinau that state law didn’t permit independent candidates to run in the Democratic primary.

The state made a motion to dismiss the case in March, and the two sides held oral arguments in front of Menendez on April 8 in Juneau. The judge’s decision was released Monday afternoon.

Repeated Alaska Supreme Court decisions have found that state courts “should not issue advisory opinions or resolve abstract questions of law.”

“What ADP is asking this court to do amounts to a request for an advisory opinion,” Menendez wrote.

Only one candidate is known to be affected by Monday’s decision: independent U.S. Senate candidate Margaret Stock, who is running against Sen. Lisa Murkowski, R-Alaska.

Jon Choate, attorney for the Alaska Democratic Party, said the ADP has two choices for its next steps: It can appeal to the Alaska Supreme Court, or it can wait until after the convention and re-file the case.

“That’s a decision we’ll be making in the next several days,” he said. “In either situation, the superior court would still have to make a determination on the merits … at some point.”

• Contact reporter James Brooks at James.k.brooks@juneauempire.com.

More in News

(Juneau Empire file photo)
Aurora forecast through the week of Feb. 1

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

President Donald Trump speaks to reporters before boarding Air Force One at Joint Base Andrews in Maryland, on Friday, Feb. 14, 2025. President Trump shared a quotation on social media, making it clear it was one he wanted people to absorb: “He who saves his Country does not violate any Law.” (Al Drago/The New York Times)
Trump: ‘He who saves his Country does not violate any Law’

Quote sometimes attributed to Napoleon posted on White House’s official X account.

Members of the Alaska State Employees Association and AFSCME Local 52 holds a protest on the steps of the Alaska State Capitol on Friday, Feb. 14, 2025. (Jasz Garrett / Juneau Empire)
Alaska state employees rally for more pay and benefits on same day mass federal firings occur

Participants at state Capitol seek revival of pensions, release of state salary data withheld by governor.

Jonathan Rasch skates back to shore with his dog after spending hours looking for a man who fell through the ice on Friday, Feb. 7, 2025, on Chilkoot Lake near Haines. Rasch was skating on the lake when he heard the man screaming for help and used his Garmin inReach to call for help. (Rashah McChesney/Chilkat Valley News)
After Haines man disappears, locals and state officials warn of the dangers of ice skating on lake

After Haines man disappears, locals and state officials warn of the dangers of ice skating on lake

A U.S. Forest Service office sign in Juneau on Feb. 14, 2025. (Jasz Garrett / Juneau Empire)
Trump’s federal layoffs hit wide range of Alaska agencies on Friday, with fears of many more to come

Murkowski: “Trying to get answers about the impact…but the response so far has been evasive and inadequate.”

A shelter staff member takes a dog who is currently boarding at Juneau Animal Rescue outside on Feb. 13, 2025. The animal shelter needs more space both outside and in, according to the executive director. It could also use a guillotine door to allow dogs easier access to the outdoors. (Jasz Garrett / Juneau Empire)
Juneau Animal Rescue hopes to be ‘feline’ the love at annual fundraiser

The shelter is still in need of a new building and hopes to continue educating the community.

(Michael Penn / Juneau Empire file photo)
Police calls for Wednesday, Feb. 12, 2025

This report contains public information from law enforcement and public safety agencies.

A building directory in Juneau’s federal building lists departments, such as the U.S. Coast Guard, U.S. Forest Service, and the National Oceanic and Atmospheric Administration. (Jasz Garrett / Juneau Empire)
Mass firings ordered by Trump administration, including nearly 10% of U.S. Forest Service

HUD plans 50% staff cut, scrutiny of “every dollar spent in serving tribal, rural and urban communities.”

Most Read