The Alaska Democratic Party has appealed the decision by Superior Court Judge Ian Wheeles that allows Democrat felon Eric Hafner to remain on the ballot for the Alaska congressional race. Hafner’s name will show up for voters along with Rep. Mary Peltola, Nick Begich and John Wayne Howe for the ranked-choice voting in the congressional contest.
The Alaska Supreme Court will hear the case on an expedited basis, since the printing of the ballots for November is already under way and any delay in overturning of the lower court decision may impact the elections in ways that have never been seen in Alaska.
The appeal will be heard Thursday at 10:15 a.m. and will be live-streamed on ktoo.org/gavel.
Judge Wheeles’ decision says that the Democrats have made up all kinds of imaginary possibilities for the future that they have no way of knowing or proving, and that Eric Hafner is within his rights to file as a candidate, and the Division of Elections made no error of judgment in allowing him to take the fourth slot on the ballot, since two previous candidates had dropped out after the primary.
Wheeles said that “one’s failure to plan does not constitute another’s emergency,” of the Democrats and their challenge of Eric Hafner’s name on the ballot. It’s their own fault they didn’t challenge Hafner’s qualifications in the legal time allowed, which is 10 days after the closure of the candidate filing period.
“Plaintiffs’ complaint is not about the action or status of Hafner or the action or determination of the Defendants, but with the amendments of Ballot Measure 2 itself,” Wheeles wrote. “Plaintiffs complain that the statutes allow a candidate, such as Hafner, to unilaterally choose his party affiliation and declare it on the ballot. The court is applying that law to the facts and finds that Hafner is acting within his legal right to declare his registered voter affiliation and have it listed on the ballot. The court is likewise applying that law to the facts and finds that the Division is properly printing ballots as such. Plaintiffs allege no violation of law by Defendants or Hafner and no resulting harm. As a final point, Defendants argue that Plaintiffs’ case amounts to a veiled or improperly pled election contest. Plaintiffs dispute this characterization. The court made the analogy that one’s failure to plan does not constitute another’s emergency. The time sensitivity of this motion is inescapable. Equally inescapable is the reality that Plaintiffs could have pursued this relief at any time after Hafner filed his declaration of candidacy in late May.”
The Alaska Republican Party weighed in on the appeal:
“The Superior Court’s ruling in the case of Alaska Democratic Party v. State of Alaska, Division of Elections was a victory for all Alaskans. Superior Court Judge Ian Wheeles denied the motion for a temporary restraining order and preliminary injunction.
In short, the court got it right, and clearly agreed with the Alaska Republican Party – if the courts had found for the plaintiffs in this case, the irreparable harm would have been to Alaskans and our electoral process, not to the Alaska Democratic Party. Ultimately, the rights of the Alaskan voters prevailed,” said Carmela Warfield, Alaska Republican Party chairwoman.
“In their argument, the Alaska Democratic Party argued that the second Democrat on the ballot could impact the election by taking votes away from their preferred candidate. This is the direct result of the ranked choice voting scheme that is currently the law in Alaska. The Alaska Democratic Party seems just as frustrated as so many other Alaskans are with this ill-conceived law. They are so frustrated that they have appealed the court’s ruling to the Alaska Supreme Court, and the Alaska Republican Party will be right there with the people of Alaska,” Warfield said.
“All Alaskans — regardless of party affiliation – have the opportunity this November to prevent this type of nonsense from ever happening again by returning to a system of fair elections that all Alaskans can be proud of,” Warfield said.
Read the judge’s decision for yourself here:
Highly unlikely the Supremes will reverse Judge Wheeles, primarily because the lower court judge examined the rule of law as it pertains to the construct of RCV. Everything was done according to the way the Democrats designed it. You don’t change the design of a constructed building after it’s completed. Democrats are slow learners.
Welcome to Congress, Nick Begich III.
Don’t be so sure. This is the ALASKA Supreme Court that we are talking about. Historically it gives little weight to the law when it interferes with is own political desires.
If that’s the case, then Judge Wheeles is smarter that all five justices combined. A reversal would only be construed as a political favor to Democrats. Too obvious, even for Democrat justices.
defending “democracy” again.
As a registered Alaskan voter, I am granted the opportunity to choose a representative from 4 candidates under the RCV process. The State must provide a list of 4 candidates on the ballot for me to choose and rank. If the court mandates that the State remove a legitimate candidate from the ballot, I am disenfranchised as a voter which impairs my ability to perform my civic responsibility as a U.S. citizen. The Democrats must be kept in their lane and kept out of mine. I find this lawsuit disrespectful and offensive to every Alaskan.
VOTE YES on 2 this coming November 5 to repeal the horrendous ranked-choice voting system. RCV is corrupt, unfair and designed by leftists to disenfranchise voters of their true wishes.
Put up YES signs at Democratic Headquarters in Anchorage and tell them they own it.
They are appealing? Really? This is just more election interference … by the Democrats.
As the Dems like to tell us “we must save our democracy.”. 🙄
Play by your rules democrats. I suggest that you vote YES on ballot #2 to Repeal Ranked Choice Voting if you don’t want this to happen again!
Another effective strategy would be for Democrats to work with Cathy Giessel and possibly Mike Shower and others in the legislature to pass a bill that requires candidates shall obtain authorization or permission from the parties to use the parties’ names when filing to run.
So the chickens have come home to roost. Can’t happen to a more deserving bunch.
Alaska Democratic Party whole hardly supported RCV when it was in their favor not that the Republicans have outsmarted the Dems and removed all but the preferred candidate of Republican voters the Dems want to cry foul. Here is mud in your face Democrats.
I’m glad we finally have a no nonsense Superior Court Judge like Mr. Wheeles who was able to fly under the radar of the Alaska Bar Association’s members and the Alaska Judicial Council when selecting new judges recently. Unfortunately after this decision, I’m sure the Alaska Bar Association will be looking into how they only select democrat supporting judges in the future and how to not let this happen again.
What happened to that big toothy grin from the Democracy Donkey?
I thought that was a picture of AOC
I like Hafner, a convicted felon serving 20 years, he’s the perfect Democrat.
GOOD.
Let them get smoked. Then, it sets a legal precedence forever.
#democratsforbegich
It’s entertaining seeing the dems getting bit by their own snake.
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