Alaska Democrats ask judge to remove imprisoned out-of-state U.S. House candidate from November ballot

Voters formed their ballots astatine nan Anchorage Division of Elections Office connected Election Day, November 8, 2022. The polling spot served arsenic a an early voting location for districts 1 to 40. (Elyssa Loughlin/Alaska Public Media)

The Alaska Democratic Party is asking a judge to footwear a convicted felon serving a 20-year condemnation successful a New York national prison disconnected this November’s wide predetermination ballot. Eric Hafner is challenging Democratic Congresswoman Mary Peltola for Alaska’s lone spot successful nan U.S. House of Representatives. 

Hafner placed sixth successful nan top-four primary. He precocious to nan wide predetermination ballot aft nan third- and fourth-place candidates dropped retired successful an apparent effort to consolidate nan Republican vote. 

Hafner is presently successful national situation for threatening nationalist officials successful New Jersey and has ne'er lived successful Alaska. He’s moving arsenic a Democrat but does not person nan backing of nan authorities party. Any campaigner tin tally nether immoderate statement banner they for illustration nether Alaska’s unfastened superior system. The Alaska Democratic Party’s executive head did not respond to an question and reply request.

The Constitution requires candidates for U.S. House to unrecorded successful nan authorities they activity to correspond “when elected.” In court filings, nan Alaska Democratic Party based on it would beryllium intolerable for Hafner to beryllium physically coming successful Alaska by Election Day, since he’s not slated to beryllium released from situation until 2036. 

The Democrats besides reason Hafner violated Alaska rule by listing nan reside of a South Dakota message forwarding work connected his campaigner filing paperwork alternatively than his beingness reside astatine a medium-security national situation successful New York.

The statement says that intends he ne'er should person been certified arsenic a campaigner successful nan first place. They besides reason that Alaska’s predetermination laws don’t let nan sixth-place campaigner to beforehand to nan wide predetermination nether immoderate circumstances. The Democrats opportunity his beingness connected nan ballot could besides siphon voters from Peltola.

“Hafner’s beingness connected nan ballot will harm nan competitory prospects of nan Alaska Democratic Party’s preferred candidate, Congresswoman Peltola, because it will confuse voters by presenting them pinch an further campaigner connected nan ballot who is not entitled to beryllium location and would not beryllium entitled to service if elected,” attorneys Thomas Amodio and David Fox wrote.

The Alaska Democrats inquire an Anchorage judge to bid nan Division of Elections to region Hafner from nan ballot. 

Department of Law spokesperson Patty Sullivan said nan Division of Elections “followed Alaska Law and nan U.S. Constitution erstwhile it put Mr. Hafner connected nan wide predetermination ballot.”

Reached astatine his listed run email address, Hafner said he was still familiarizing himself pinch nan lawsuit.

“I don’t cognize thing astir this,” Hafner said, adding that he had constricted net access.

If nan judge finds that Alaska rule does let nan adjacent campaigner successful statement to move to nan wide election, seventh-place Republican campaigner Gerald Heikes would beforehand to nan November ballot. Heikes was nan target of ads paid for by a Democratic group seeking to item his anti-abortion stances.