Judge Approves Preliminary Injunction Against Eastman's Eligibility; ballot to remain unchanged

A state superior court judge has approved the preliminary injunction motion against Representative David Eastman.

In an order issued Thursday, Judge Jack McKenna approved a motion by former Mat-Su Borough Assembly Member Randall Kowalke that puts Eastman’s eligibility for public office in a state of uncertainty.

Kowalke is suing to have Eastman ruled ineligible for office based on the Alaska Constitution’s disloyalty clause. That clause bars anyone who belongs to an organization seeking the violent overthrow of the government.  Eastman’s membership in the Oath Keepers and that group’s actions on January 6^th of last year are the basis of Kowalke’s claim.  In order to grant a preliminary injunction, Judge McKenna had to determine that there was a probability of Kowalke ultimately winning the case.

The motion also asked that Eastman be removed from the November ballot, but Judge McKenna denied that portion of the request.

The result is that Eastman’s eligibility will ultimately be determined in December, after the election is held.  The House race in District 27 will have its certification delayed until the case is concluded.  If Eastman wins enough votes for the seat and prevails in court, he will be sworn in once again to serve in Juneau.  If he wins the election but loses in court, the second-place finisher in the race would take the House seat.