The Alaska Supreme Court will hear oral arguments Thursday morning in a lawsuit seeking to remove Eric Hafner, an imprisoned, out-of-state Democrat, from the state’s November election ballot.
Under Alaska’s elections system, the top four finishers in the August primary election advance to the general election ballot. Hafner, who finished sixth, was promoted to the top four by the Alaska Division of Elections after two higher-finishing Republicans withdrew.
The Alaska Democratic Party challenged the division’s decision in court, and on Tuesday, a Superior Court judge dismissed the case, ruling strongly in favor of the Division of Elections.
Judge Ian Wheeles found that removing Hafner would require the division to redesign the election ballot, possibly delaying the federally mandated mailing of ballots to international voters.
That potential harm is greater than any harm caused by Hafner’s presence on the ballot, Wheeles said.
Wheeles concluded that Hafner, who is serving a 20-year prison sentence for threatening to kill public officials in New Jersey, has the Constitutional right to run for office, even if he is ineligible to serve.
For U.S. House candidates, the U.S. Constitution requires that a candidate be an inhabitant of the relevant state. Attorneys representing the Alaska Democratic Party argued that Hafner, who is not scheduled for release until 2036, cannot be an inhabitant as required.
After losing in lower court, the party filed an emergency appeal with the Supreme Court, which granted it Wednesday.
The Alaska Department of Law, representing the Division of Elections, is ready to defend the state again, a spokesperson said.
“The Superior Court found the Division of Elections correctly applied Alaska law and the U.S. Constitution. The Department of Law is preparing to defend this decision in the emergency appeal to prevent any disruption to the general election,” said spokesperson Patty Sullivan.
Alaska Democratic Party executive director Lindsay Kavanaugh said the party is pleased that the Alaska Supreme Court is acting quickly.
“Hafner is not our candidate and as a non-Alaskan incarcerated until 2036, he has no business being on Alaska’s ballot,” she said.
She said the state’s decision to print ballots with the issue unresolved is “another nonsensical decision made, and it’s a tired defense.”
“Election integrity also includes having candidates on the ballot that can actually take office and serve Alaskans,” she said.
The Alaska Republican Party intervened in the case on the side of the state. ARP chair Carmela Warfield did not immediately respond to a phone call seeking comment on Wednesday.
Hafner received less than 1% of the vote in the August primary, but some Democrats have expressed concerns that Hafner’s presence on the ballot could divert votes from incumbent Rep. Mary Peltola, D-Alaska. Peltola is believed to be in a close race against Republican challenger Nick Begich. Alaskan Independence Party candidate John Wayne Howe is also on the November ballot.