Anchorage judge says Division of Elections must enforce disloyalty clause when determining candidate eligibility

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Anchorage judge says Division of Elections must enforce disloyalty clause when determining candidate eligibility
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The Alaska Division of Elections must review and enforce the state constitution’s disloyalty clause when determining a candidate’s eligibility for public office, an Anchorage judge has ordered.

filed by a former Mat-Su Assembly member seeks to resolve the eligibility question before he has the chance to be reelected in November.

The Division of Elections argued that it didn’t have the capacity to investigate the disloyalty clause question, and that it can only look at simple public records confirming a candidate’s age and residency. Eastman wasin June to run for reelection with Director Gail Fenumiai writing that the “preponderance of evidence supports his eligibility.”

Judge Jack McKenna presides over oral arguments in a case challenging Wasilla Republican Rep. David Eastman's eligibility to hold office and appear on the general election ballot, on Friday, Sept. 9, 2022 in Anchorage. Eastman is a member of the Oath Keepers, a far-right militia group whose leaders have been accused of plotting to storm the U.S. Capitol to overturn the 2020 election.

“The Division’s position is it followed its statutes and regulations in processing how a candidate gets on the ballot,” she added.Friday, arguing that “a bureaucratic agency” should not be able to unilaterally deny a candidate from running for office. He said McKenna’s order dramatically expands the agency’s role “in determining who can and cannot run for office based upon inherently subjective and very political criteria.

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