Alaska state Rep. David Eastman, a Wasilla Republican, is shown seated on the House floor on April 29, 2022, in Juneau, Alaska. (AP Photo/Becky Bohrer, File)

Alaska state Rep. David Eastman, a Wasilla Republican, is shown seated on the House floor on April 29, 2022, in Juneau, Alaska. (AP Photo/Becky Bohrer, File)

Alaska judge keeps Oath Keepers lawmaker on November ballot

Judge Jack McKenna on Thursday ordered elections officials to delay certifying the result of that particular race

Associated Press

ANCHORAGE — An Alaska judge has ruled that a state lawmaker affiliated with the Oath Keepers may stay on the general election ballot in November even though he’s likely ineligible to hold public office.

But Judge Jack McKenna on Thursday ordered elections officials to delay certifying the result of that particular race until a trial scheduled for December can be held, the Anchorage Daily News reported.

This would allow elections officials to exclude state Rep. David Eastman from the ranked choice voting tabulation process if the trial finds him ineligible, meaning votes cast for him would go to the voters’ next-highest choices.

Former Matanuska-Susitna Assembly member Randall Kowalke filed a lawsuit arguing the Republican lawmaker’s membership in the Oath Keepers runs afoul of the Alaska Constitution’s disloyalty clause. The clause prohibits a person who advocates for the overthrow by force of the U.S. or state government from holding public office in Alaska.

An Oath Keepers leader and other members or associates have been charged with seditious conspiracy related to the Jan. 6, 2021 attack on the U.S. Capitol.

Eastman has said he attended a rally in Washington, D.C., for outgoing President Donald Trump. But he has said that he did not participate in the riot. Eastman has not been accused of any crimes.

McKenna said based on the evidence presented, Kowalke would likely succeed in arguing that Eastman is a member of the Oath Keepers, that the group is active and that it is presently seeking to overthrow the U.S. government.

But, McKenna said, “the court emphasizes that this analysis is based upon a limited record and after the testimony of no witnesses, and it does not represent a final decision in this case.”

Instead of ordering Eastman’s name off the ballot, McKenna ordered that election officials delay their certification of election results for House District 27 in Wasilla until after the December trial finishes.

The Division of Elections’ target date for certifying all other election results is Nov. 29, three weeks after the Nov. 8 general election.

Eastman could be seated in the House of Representatives in January if he wins the election and he’s found eligible to hold public office. But if he wins re-election and is ineligible to hold public office, the Alaska Division of Elections would exclude Eastman from the ranked choice voting tabulation process and his votes would go to voters’ next-highest choices.

Kowalke said he was “thrilled” by the compromise and that the judge had found a “really balanced, beautiful solution.”

Eastman’s attorney, Joe Miller, did not respond to calls and a text message seeking a request for comment.

More in News

A Kenai Peninsula Food Bank truck in the Food Bank parking lot on Aug. 4, 2022 in Soldotna, Alaska (Jake Dye/Peninsula Clarion)
Food bank seeks turkey donations as Thanksgiving nears

The local food bank is calling for donations of $25 to “Adopt-A-Turkey” for a local family in need

Seward City Hall is seen under cloudy skies in Seward, Alaska, on Thursday, Nov. 7, 2024. (Jake Dye/Peninsula Clarion)
Seward budget hearing covers bed tax, wages, emergency medical services

The Seward City Council on Nov. 12 considered a series of legislative items connected to 2025 and 2026 budget

The results of ranked choice tabulation show Sen. Jesse Bjorkman, R-Nikiski, winning reelection in the race for Senate District D. (Screenshot/Gavel Alaska)
Bjorkman, Vance win reelection after tabulation of ranked choice ballots

An effort to repeal ranked choice voting and the open primary system was very narrowly defeated

Jacob Caldwell, chief executive officer of Kenai Aviation, stands at the Kenai Aviation desk at the Kenai Municipal Airport on Thursday, Sept. 13, 2022, in Kenai, Alaska. (Jake Dye/Peninsula Clarion)
Kenai Aviation, Reeve Air submit proposals to bring air service back to Seward

Scheduled air service has been unavailable in Seward since 2002

Erosion damage to the southbound lane of Homer Spit Road is seen on Monday, Nov. 18, 2024, following a storm event on Saturday in Homer, Alaska. (Delcenia Cosman/Homer News)
City, DOT work to repair storm damage to Spit road

A second storm event on Saturday affected nearly a mile of the southbound lane

Kenaitze Indian Tribe Education Director Kyle McFall speaks during a special meeting of the Kenai Peninsula Borough School District’s Board of Education in Soldotna, Alaska, on Monday, Nov. 18, 2024. (Jake Dye/Peninsula Clarion)
Charter school proposed by Kenaitze Indian Tribe given approval by school board

The application will next be forwarded to the State Department of Education and Early Department

Suzanne Phillips, who formerly was a teacher at Aurora Borealis Charter School, speaks during a special meeting of the Kenai Peninsula Borough School District’s Board of Education in Soldotna, Alaska, on Monday, Nov. 18, 2024. (Jake Dye/Peninsula Clarion)
Aurora Borealis charter renewal clears school board

The school is seeking routine renewal of its charter through the 2035-2036 school year

State House District 6 candidates Rep. Sarah Vance, Dawson Slaughter and Brent Johnson participate in a candidate forum hosted by the Peninsula Clarion and KBBI 890 AM at the Homer Public Library in Homer, Alaska, on Tuesday, Oct. 29, 2024. (Jake Dye/Peninsula Clarion)
Saturday update: House District 6 race tightens slightly in new results

Neither incumbent Rep. Sarah Vance or challenger Brent Johnson have claimed 50% of votes in the race

A grader moves down 1st Avenue in Kenai, Alaska, during a snow storm on Tuesday, Feb. 28, 2023. (Jake Dye/Peninsula Clarion)
Storm system to bring weekend snow to western Kenai Peninsula

Extended periods of light to moderate snow are expected Friday through Sunday morning

Most Read