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The Alaska Supreme Court ruled Thursday that a man currently serving a 20-year prison sentence can remain on the November ballot in the state’s U.S. House race.

In a brief order, a split court affirmed a lower court ruling in a case brought by the Alaska Democratic Party; Justice Susan Carney dissented. A full opinion explaining the reasoning will be released later.

Democrats sued state election officials to seek the removal from the ballot of Eric Hafner, who pleaded guilty in 2022 to charges of making threats against police officers, judges and others in New Jersey.

Hafner, who has no apparent ties to Alaska, is running as a Democrat in a closely watched race featuring Democratic U.S. Rep. Mary Peltola and Republican Nick Begich. Hafner’s declaration of candidacy listed a federal prison in New York as his mailing address.

Under Alaska’s open primary system, voters are asked to pick one candidate per race, with the top four vote-getters advancing to the general election. Hafner finished sixth in the primary but was placed on the general election ballot after Republicans Lt. Gov. Nancy Dahlstrom and Matthew Salisbury, who placed third and a distant fourth, withdrew.

John Wayne Howe, with the Alaskan Independence Party, also qualified.

Attorneys for Alaska Democrats argued that there was no provision in the law for the sixth-place finisher to advance, while attorneys for the state said that interpretation was too narrow.

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