After a Friday ruling against the attempts of the judge and the state Division of Elections, a trial to determine whether Wasilla Republican Rep. David Eastman can run for state office will begin Monday.
Anchorage Superior Court Judge Jack McKenna said that the trial will be focused on whether Oath Keepers support the overthrow of U.S. Government by “concrete” action.
Randall Kowalke sued for Eastman’s ineligibility for violating the Alaska Constitution’s disloyalty clause. Eastman is believed to be a lifetime Oath Keeper.
Eastman argued only the Legislature can determine whether he’s eligible for office, and Kowalke doesn’t have standing in order to challenge Eastman’s eligibility. McKenna ruled against Eastman in both cases, concluding that both the Legislature and the courts have a role to play in elections and that anyone can challenge a candidate’s eligibility under state law.
McKenna stated that he would interpret the disloyalty section of the state constitution according to the protections provided by the First Amendment to the U.S. Constitution. Kowalke will need to prove that Oath Keepers support the overthrow U.S. government and also that they have taken concrete steps to do so.
Kowalke claimed that Eastman should have been declared ineligible by the Division of Elections. According to the division, a trial should not be held because it followed its regulations and did not disqualify Eastman.
McKenna declared that the state law required the division to determine if candidates for public office are eligible according to the federal and state constitutions. The division will be tried as well.
The Alaska Beacon originally published this story. It is republished with permission.
