A lawsuit brought by the Alaska Democratic Party against the Division of Elections to stop the general election ballot from being printed until it conforms to the party’s demands has been reassigned to a new judge and oral arguments are set for Monday at 9 a.m.
Originally, the case was assigned to Superior Court Judge Adolf Zeman, but on Thursday it was administratively reassigned to Judge Ian Wheeles.
It appears that Zeman, who is on the ballot for judicial retention in November, wanted off the case, since he is already in hot water with Republicans over his ruling earlier this year that said that the state’s correspondence schools were unconstitutional, a ruling that was overturned by the Alaska Supreme Court.
Many Republicans plan to vote against Zeman’s retention, and no matter which way he would rule on this lawsuit from the Democrats, it could cost him his job by either further infuriating Republicans or giving Democrats a reason to not retain him.
Judge Wheeles also serves in the Third Judicial District in Anchorage, where he has lived his whole life. Wheeles graduated from Dimond High School, played baseball at Illinois Tech, completed his undergraduate degree at the University of Alaska Anchorage and earned his law degree at the University of Idaho. He practiced criminal defense, family law, and was appointed by Gov. Mike Dunleavy in 2022 to serve on the court.
The case against the Division of Elections’ certification of the ballot is on a fast-track in the courts since the election is in just 60 days and ballots need to be mailed to overseas voters within two weeks. The State has submitted its brief on Friday morning, and the Democrats will file their brief later Friday.
The original lawsuit by the Democrats can be seen here:
The gist of the case is that the Alaska Democratic Party is demanding that the name of Democrat candidate Eric Hafner be removed from the congressional portion of the November ballot. The Democrats claim that since he finished in the open primary in sixth place, he cannot be moved up, even after the third and fourth-place finishers dropped out after the primary. They also claim that since he is a felon serving time in prison, he can’t possibly be an Alaska resident. They claim people might be confused and vote for Hafner and not rank Rep. Mary Peltola, the party’s endorsed candidate.
Hafner got onto the certified general election ballot because two who finished before him declined to continue and dropped before the Sept. 2 deadline. Nancy Dahlstrom and Matthew Salisbury, both Republicans, withdrew from contention to give Republican Nick Begich a better shot at winning the congressional seat in November.
The Democratic Party, in its lawsuit, claims it was a Republican conspiracy to move Hafner up into the fourth slot for the November ballot. Also moving up was John Wayne Howe of the Alaskan Independence Party.
The Democrats’ claim that since Hafner cannot live in Alaska if he wins election, he is ineligible to serve would be a post-election challenge, not something that could be challenged in advance of Nov. 5. Clearly, the Democrats are afraid that even a few hundred votes for Hafner could cost them the seat in Congress.
It’s a difficult set of arguments, since on the one hand, predicts that Hafner would not be granted a pardon by Joe Biden in order to help flip the U.S. House to Democrat control. Also, there are many who are serving in federal prisons around the country who are Alaska residents. Alaska voter registration laws allow those who “intend to return” to Alaska to maintain their voting rights if they don’t register in another state. Hafner could claim he intends to reside in Alaska.
Intention in residency is something the courts have recently considered in a similar Alaska lawsuit filed by Republican candidate Liz Vazquez against Democrat state Rep. Jennie Armstrong in 2022. Vazquez wanted to kick Armstrong off the ballot since, as a recent transplant to the state, Armstrong had clearly not lived in Alaska and or her district long enough to qualify to serve. The courts held the challenge for candidate eligibility expires 10 days after the filing deadline in June. The challenge was not timely in 2022 and Armstrong went on to win a seat representing the Turnagain neighborhood in West Anchorage.
Defending the Division of Elections and Director Carol Beecher in the current case are state attorneys Katherine Demarest and Thomas Flynn. Alaska Democrat election attorney Thomas Amodio and the Democrat law firm of Marc Elias in Washington D.C. are representing the Alaska Democratic Party.
Isn’t this just like the Democrats: they make up new rules then when it doesn’t suit them they through a temper tantrum and try to change the rules again!
In legal context, conspiracy is a crime involving more than one individual. In this case, the voters would need to be co-conspirators. A grand leap of an accusation.
In legal context, conspiracy is a crime involving more than one individual. In this case, the voters would need to be co-conspirators. A grand leap of an accusation.
I guess Kendall isn’t a big enough gun… or maybe Kendall would be a clear reminder of all the efforts the Dems have put into instituting RCV, opening all primaries, and restricting their own competing candidates from the ballot (e.g. Hollis French). Didn’t they have enough $$$ to buy out Hafner? Gotta love the irony – poetic justice. Prov 28:10
If the Democrats prevail with their argument then it is just Begich annd Peltola, nobody would move up. A backdoor procedure to defeat RCV. Run 3 Republicans in every primary and two drop.
They couldn’t get it assigned to Gleason??? They got the next best thing .. For them…
Gleason is a federal judge, this is a state issue hence states judges.
this is what you wanted, democrats.
I love how they “protect democracy” by vigorously working to deny it to others
Hmm. Are judges being threatened behind the scene by the dark outside money? Kinda sounds like it to me.
Ranked Choice Voting is, frankly, as rank as dead salmon rotting on the beach. IMO vote Yes on 2 and repeal RCV.
The math from the Div Elect Primary results:
Peltola (D) = 55,166
Begich (R) = 28,803
Dahlstrom (R) = 21, 547
Salisbury (R) = 652
Howe (AIP) = 621
Hafner (D) = 467
Heikes (R) = 424
Others (Non, Und) = 700
Note, Combined (R) votes = 51,453
Even adding in all 700 remaining votes to the high Republican, Peltola comes out ahead. But the D’s fear of RCV reveals how RCV distorts the Public’s confidence from generations of one man one vote democracy.
With Dahlstrom and Salisbury dropping out, Howe ascends to third place and Hafner takes 4th place. If D’s lawsuit takes out Hafner, Heiks (R) would take 4th place. Leaving two Republicans on the ballot, which I think is an underlying goal of their lawsuit.
They are asserting no one should move up. Peltola vs Begich, no 3 or 4.
Why are convicted felons allowed on the ballot in the first place?
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