Arguments are Monday in lawsuit that could upend Alaska’s U.S. House ballot

Alaska Elections News

Arguments are Monday in lawsuit that could upend Alaska’s U.S. House ballot
Politics2024 Alaska ElectionEric Hafner
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The Alaska Democratic Party is challenging the candidacy of Democrat Eric Hafner, who is imprisoned in New York state and isn’t a resident of Alaska.

A state judge will rule as soon as Monday whether a man imprisoned in New York state will remain a candidate for Alaska’s lone U.S. House seat.

In the general election, voters are asked to rank the candidates in order of preference, one through four, with a fifth option for a write-in, if wanted.If no one receives more than half of the first-preference votes, the lowest finisher is eliminated, and voters who picked that candidate have their votes go for their second preference.Presidential elections do not have a top-four primary. Voters in November may be asked to rank more than four candidates for president.

Among the Democratic Party’s arguments is that the U.S. Constitution requires a candidate to be an “inhabitant” of the relevant state “when elected,” and because Hafner isn’t scheduled for release from prison until 2036, that cannot happen.“However unlikely these scenarios may be, the Court cannot say — particularly without evidence — whether Mr. Hafner might be released, pardoned, successful on appeal, or otherwise free to become an inhabitant of Alaska some other way,” the brief stated.

Responding on Friday, attorneys for the state said that the party is misreading state law and that a candidate becomes a fifth-place finisher when the previous fifth-place finisher gets promoted following a withdrawal. If the party’s attorneys convince Wheeles that Hafner is not an eligible candidate, they must also convince him that the harm caused by removing Hafner’s name from the ballot is less than the harm from keeping it.

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