Alaska Supreme Court considers legal challenge to imprisoned out-of-state Democrat’s U.S. House run

Case files for a ineligible matter referred to nan Alaska Supreme Court are seen connected Tuesday, Feb. 6, 2024, successful Juneau. (Photo by James Brooks/Alaska Beacon)

The Alaska Supreme Court will perceive oral arguments Thursday greeting successful a suit seeking to region Eric Hafner, an imprisoned, out-of-state Democrat, from nan state’s November predetermination ballot. 

Under Alaska’s elections system, nan apical 4 finishers successful nan August superior predetermination beforehand to nan wide predetermination ballot. Hafner, who vanished sixth, was promoted to nan apical 4 by nan Alaska Division of Elections aft 2 higher-finishing Republicans withdrew.

The Alaska Democratic Party challenged nan division’s determination successful court, and connected Tuesday, a Superior Court judge dismissed nan case, ruling powerfully successful favour of nan Division of Elections.

Judge Ian Wheeles recovered that removing Hafner would require nan section to redesign nan predetermination ballot, perchance delaying nan federally mandated mailing of ballots to world voters.

That imaginable harm is greater than immoderate harm caused by Hafner’s beingness connected nan ballot, Wheeles said.

Wheeles concluded that Hafner, who is serving a 20-year situation condemnation for threatening to termination nationalist officials successful New Jersey, has nan Constitutional correct to tally for office, moreover if he is ineligible to serve.

For U.S. House candidates, nan U.S. Constitution requires that a campaigner beryllium an inhabitant of nan applicable state. Attorneys representing nan Alaska Democratic Party based on that Hafner, who is not scheduled for merchandise until 2036, cannot beryllium an inhabitant arsenic required.

After losing successful little court, nan statement revenge an emergency entreaty pinch nan Supreme Court, which granted it Wednesday.

The Alaska Department of Law, representing nan Division of Elections, is fresh to take sides nan authorities again, a spokesperson said.

“The Superior Court recovered nan Division of Elections correctly applied Alaska rule and nan U.S. Constitution. The Department of Law is preparing to take sides this determination successful nan emergency entreaty to forestall immoderate disruption to nan wide election,” said spokesperson Patty Sullivan.

Alaska Democratic Party executive head Lindsay Kavanaugh said nan statement is pleased that nan Alaska Supreme Court is acting quickly.

“Hafner is not our campaigner and arsenic a non-Alaskan incarcerated until 2036, he has nary business being connected Alaska’s ballot,” she said.

She said nan state’s determination to people ballots pinch nan rumor unresolved is “another nonsensical determination made, and it’s a tired defense.”

“Election integrity besides includes having candidates connected nan ballot that tin really return agency and service Alaskans,” she said.

The Alaska Republican Party intervened successful nan lawsuit connected nan broadside of nan state. ARP chair Carmela Warfield did not instantly respond to a telephone telephone seeking remark connected Wednesday.

Hafner received little than 1% of nan ballot successful nan August primary, but immoderate Democrats person expressed concerns that Hafner’s beingness connected nan ballot could divert votes from incumbent Rep. Mary Peltola, D-Alaska. Peltola is believed to beryllium successful a adjacent title against Republican challenger Nick Begich. Alaskan Independence Party campaigner John Wayne Howe is besides connected nan November ballot.