The Alaska Supreme Court on Sept. 12 affirmed the U.S. House candidacy of Eric Hafner, a Democrat imprisoned in New York state on a 20-year felony sentence.
The court, in a split 4-1 decision, upheld Anchorage Superior Court Judge Ian Wheeles’ decision to dismiss a lawsuit by the Alaska Democratic Party that had challenged Hafner’s eligibility.
The decision means Hafner will appear on the November U.S. House ballot alongside incumbent Democrat Rep. Mary Peltola, Republican challenger Nick Begich, and Alaskan Independence Party challenger John Wayne Howe.
It also means that election preparations, including ballot printing and distribution, will continue on a previously published schedule.
Under Alaska’s elections system, the top four finishers from the primary election advance to the general election. Hafner finished sixth, but two higher-finishing Republicans withdrew from the race, allowing Hafner to advance.
The Democratic Party sued, arguing that state law prohibited the elections division from replacing two withdrawn candidates. The party also argued that Hafner was ineligible because the U.S. Constitution requires a candidate to be an inhabitant of the state when elected to the House. Hafner is not scheduled for release until 2036.
Wheeles rejected the party’s arguments, and the Democratic Party appealed the case to the Supreme Court, which took up the issue on an emergency basis.
The Alaska Republican Party intervened on the side of elections officials, seeking to preserve their decision to promote Hafner.
In a sworn affidavit, elections director Carol Beecher said that with draft ballots already printed and equipment undergoing testing, any ballot redesign would delay the mailing of blank ballots to international voters.
That mailing, required by federal law, must take place by Sept. 21. Because that’s a Saturday, the division must mail about 3,500 ballots by Sept. 20, officials said.
Additionally, about 700,000 ballots will be printed for the general election, a process that must begin early because it takes two and a half weeks.
The Alaska Beacon is an independent, donor-funded news organization. Alaskabeacon.com.
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