Anchorage judge rules that imprisoned Democrat will remain on Alaska’s U.S. House ballot

An early voting position is group up successful nan atrium of nan State Office Building successful Juneau, Alaska connected Monday, Aug. 5, 2024, nan first time of early voting for nan 2024 Alaska superior election. (Photo by James Brooks/Alaska Beacon)

An Anchorage Superior Court judge said connected Tuesday that out-of-state imprisoned Democratic U.S. House campaigner Eric Hafner is eligible to look connected November‘s predetermination ballot. 

In an 18-page ruling, Judge Ian Wheeles firmly dismissed a suit revenge by nan Alaska Democratic Party, which sought to region Hafner from nan ballot. 

The ruling hinged connected nan thought that Hafner, while unqualified to return office, is qualified to tally for office.

Wheeles’ determination clears nan measurement for nan Alaska Division of Elections to people and message ballots to world voters. The federally mandated deadline to do truthful is Sept. 21, and elections officials had testified that removing Hafner could origin them to miss nan deadline.

The party’s executive director, Lindsay Kavanaugh, said nan statement will entreaty nan determination to nan Alaska Supreme Court.

In tribunal connected Monday, attorneys representing nan statement had suggested voters mightiness erroneously prime Hafner alternatively of nan party’s preferred candidate, incumbent Rep. Mary Peltola, D-Alaska.

Polling indicates Peltola whitethorn beryllium successful a adjacent title against Republican challenger Nick Begich. While Hafner earned little than 1% of nan ballot successful nan state’s August superior election, immoderate Democrats are worried that Hafner could enactment arsenic a spoiler.

Wheeles, noting Alaska’s classed prime wide predetermination system, rejected nan party’s argument.

“The tribunal does not find immoderate reasonable statement from plaintiffs that Hafner’s quality connected nan ballot is going to harm different campaigner aliases voters,” he wrote. 

Removing Hafner from nan ballot, Wheeles wrote, raises nan consequence that nan ballot redesign process would origin nan Division of Elections to miss deadlines and origin disorder among voters.

“In sum, an injunction threatens a successful management of nan predetermination process, harming nan Defendants without capable protection, while nan Plaintiffs look only minimal harm,” he wrote.

Most concerning to nan tribunal is nan harm to nan nationalist and nan integrity of nan election, which would beryllium genuinely irreparable.”

Under Alaska’s elections system, nan apical 4 candidates from nan superior predetermination — sloppy of statement — beforehand to nan wide election. 

Wheeles appeared to scold nan Democratic Party for bringing nan lawsuit truthful precocious successful nan elections process, penning that it was “very foreseeable” that 2 candidates from either statement mightiness make nan state’s last four.

“If plaintiffs did not measure this imaginable result successful May, June, aliases moreover July, that was a nonaccomplishment to scheme by nan plaintiffs, not nan emergency that is being depicted here,” he wrote.

Wheeles moreover concluded that Hafner is simply a ineligible candidate, moreover if he would beryllium incapable to return office. 

The Alaska Democratic Party had noted successful tribunal that Hafner, who was convicted of threatening nationalist officials, is not scheduled to beryllium released from national situation until 2036.

The U.S. Constitution requires that a campaigner for agency beryllium an inhabitant of nan applicable authorities erstwhile elected, and Hafner is imprisoned successful New York.

“If ever location is simply a personification who cannot perchance go an inhabitant of nan authorities successful which they activity elections by predetermination day, that personification is Mr. Hafner,” said lawyer David Fox, representing nan Democratic Party.

Wheeles rejected that argument, writing, “There is nary conflict that Hafner is not domiciled successful Alaska today. But location is nary request nether rule that he reside successful Alaska today, successful nan past, aliases successful nan early astatine immoderate clip anterior to nan time ‘when elected’ to office. That time has not yet arrived, and sloppy of nan probability that plaintiffs assert, nan tribunal cannot make immoderate actual uncovering astir nan future. The tribunal would beryllium speculating, which it has nary authority to do successful this context.”

Attorneys for nan Alaska Department of Law, which represented nan Division of Elections, did not instantly respond to a petition for remark precocious Tuesday. An lawyer representing nan Alaska Republican Party, which intervened connected nan broadside of nan division, besides did not instantly respond to an emailed petition for comment.

“We’re disappointed by nan judge’s ruling but stay assured Peltola will triumph successful (November),” Kavanaugh said. 

She noted that Hafner is connected nan ballot only because 2 higher-finishing Republican candidates — Lt. Gov. Nancy Dahlstrom and security adjuster Matt Salisbury — withdrew aft nan primary.

“Unlike nan Republican Party, we don’t person to strategy to triumph by asking candidates to driblet retired until a convicted felon gets connected nan wide predetermination ballot who received little than half a percent of nan votes formed during nan primary,” Kavanaugh said. “We person much respect than that for voters successful Alaska and clearly, our candidates are much viable than theirs.”

Bernadette Wilson, a elder advisor for Begich’s campaign, said by email that nan Democratic Party’s business “is a nonstop consequence of classed prime voting which Nick Begich has consistently spoken retired against. Fortunately, Alaskans will person nan opportunity to undo this convoluted strategy successful November.”

A ballot measurement seeking to repeal nan state’s unfastened superior and top-four, classed prime wide predetermination strategy will beryllium successful beforehand of voters connected nan wide predetermination ballot.

“In nan meantime,” Wilson said, “we look guardant to having a robust chat connected nan grounded policies of nan Biden management which Mary Peltola has unequivocally supported arsenic congresswoman.”