Attorneys for the state Division of Elections and Rep. David Eastman urged an Anchorage Superior Court judge on Thursday to dismiss a lawsuit challenging Eastman’s eligibility for office. The judge said he intends to issue a ruling by Friday.
This screenshot from the Alaska Court System shows Anchorage Superior Court Judge Jack McKenna and the attorneys involved in the Thursday, Dec. 8, court hearing about the lawsuit challenging Rep. David Eastman’s eligibility for office.
That clause bans someone from holding office in Alaska if they “aid or belong to” a party or organization that “advocates the overthrow by force or violence” of the state or federal government. “The plaintiff apparently believes the division … should have just started calling people, just get people on the phone: ‘Hey, does your organization advocate the overthrow by force or violence of the United States government?’” Harrison said.
Miller cited Article II, Section 12, of the state constitution, which says in part that “Each is the judge of the election and qualifications of its members.” He argued that clause proves the Legislature, not the court, should determine Eastman’s eligibility.
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