Two different MSB candidates face same disqualification issue

The Matanuska-Susitna Borough (MSB) elections are weeks away and preparations are being made for residents to cast their ballots, but it appears that two candidates will not have their names on the ballot even though it had previously appeared on the final list of candidates published last week.

Hillary Palmer, who had filed to run for MSB Mayor, was informed earlier this week that due to miscommunication between the borough and Alaska Public Offices Commission (APOC) it resulted in Palmer not filing her Public Official Financial Disclosure Statement (POFD)in time.

“The Borough is taking me off the ballot because a paperwork mistake between the MSB and APOC led to a situation where Borough code was not followed," she said.

Palmer says she received notification from MSB clerk Lonnie McKechnie stating that Palmer had failed to file her POFD as required by APOC at the time of filing her declaration of candidacy as required by Mat-Su Borough Code 25.15.050(A).

Per subsection 25.15.050(A)(1): “The name of the candidate shall be placed on the ballot by the clerk only after the candidate has complied with this requirement.”

Meanwhile, Palmer says that she did complete the form and it was received by the Clerk’s office on Sept. 5.

Palmer sent a copy to the Frontiersman.

She later received a letter, dated Sept. 9 from the clerk’s office stating that due to the lack of POFD at the time of her filing, the borough reached out for a legal opinion on the issue and were advised that Palmer could not be legally placed on the ballot.

“I fully believe the decision to reinstate my name on the ballot lies with the Borough. The letter they received from their law firm did not consider the miscommunication that occurred between MSB and APOC, or the fact that the MSB also is at fault for failure to follow their own code. Nor did it consider that deferring the decision to the courts would delay a final determination until after ballot printing," Palmer said.

Palmer is not the only candidate in this predicament. Steve Ault, who is listed as a candidate for MSB Assembly District 3, is also being removed from the ballot due to a clerical error.

“Yesterday morning I woke up as a declared candidate for assembly and by yesterday evening, that possibility was removed due to a mutual clerical error by the clerk’s office and myself,” Ault told the MSB assembly during public participation.

He said he understands there’s a review process for the clerk’s office goes through but that it is flawed.

“That process, even though clerk’s office did their best to review my documents and input, failed me and failed the public that may have voted for me.”

Ault also lamented that if he had been if he’d known there was something amiss with his paperwork in a timely manner, he would have turned in any missing documents.

“Whereas I didn’t receive notification from the state until the 5th of September, which was passed the closing date for the application. And even though I submitted that document on September 5th, quickly after I was notified that didn’t meet the requirements of the law, so I was disqualified as a result.”

He said that he is not disputing the facts that led to the decision, but did offer a recommendation to avoid this from happening again in the future.

“So from a process perspective, I would ask that this body review the rules and process for continuing accepting a candidate’s application before qualifying them until both the borough and the state have completed their reviews. And then allowing the candidates to make any corrections or addendums to their appropriate documents before the time frame that we could remove our names from candidacy.”

Palmer says the borough opted to follow legal advice they received even though, she says, it is in contrast with past actions from the Borough.

“This ruling shines in stark contrast to MSB's past actions, as well as current actions across the state. In Anchorage for example, the court recently ruled to allow a candidate who is incarcerated out-of-state to be on the ballot,” she said, referring to U.S. House candidate Eric Hafner, currently serving a prison term out of state, who was ruled eligible to appear on November‘s election ballot in Anchorage Superior Court, though he is unqualified to take office if he were to win. That decision is being appealed to the Alaska Supreme Court.

“I'm told that in the past, the Mat-Su Borough has even made an exception when a candidate (Lyda Green) completely missed the filing deadline and was listed on the ballot anyway.”

Palmer says she is still planning to run for MSB Mayor.

“I will still run as a write-in candidate. I believe Borough residents deserve to have a choice and limiting the playing field through political antics is a disservice.”

She is also weighing her option to file suit, though a ruling may not come in time for her name to be put back on the ballots.

“It is my understanding that ballots are being printed this Friday so if I do file suit, the decision would likely be too late for me to be listed on the ballot. I may opt to file suit anyway as it is my constitutionally-protected right as an American citizen to run for political office and the Mat-Su Borough has erroneously disqualified me.”

Meanwhile, Ault would like the MSB to reexamine the process in place and look to make revisions.

“I would ask you again to look at the process and see if that can be changed to take into consideration both the state and borough’s review.”

No comment was received from the MSB clerk’s office in time for publication. Nor was any comment made during the MSB Assembly meeting.

This is a developing story.