The Alaska Supreme Court on Monday ordered elections officials to place a man with the same name and party affiliation as Republican U.S. Sen. Dan Sullivan on the August primary ballot, ruling that the challenger is qualified to run. The decision came hours after oral arguments and just days after a lower court found the Division of Elections had abused its discretion in disqualifying the candidate.
The Supreme Court affirmed Superior Court Judge Thomas Matthews’ decision to include the challenger, but sent back the issue of how he should be listed on the ballot “within the confines of existing Alaska ballot design law.” A full opinion explaining the ruling will be released later.
Challenger’s Attorney Expresses Gratitude
Jeffrey Robinson, attorney for the challenger Sullivan, said he expects the division “will act in full compliance” with ballot design law. Sam Curtis, a spokesperson for the state Department of Law, said the state appreciated the quick ruling and will work to implement the order.
Nate Adams, spokesperson for Sen. Sullivan’s campaign, expressed disappointment but said the campaign is encouraged that Division of Elections Director Carol Beecher “will be able to use her expertise to differentiate between the Petersburg fraud and the incumbent — Senator Dan Sullivan — to the benefit of Alaska voters.”
Background of the Dispute
Beecher issued a decision June 15 finding the challenger’s candidacy was not filed in good faith and was intended to confuse voters. But Matthews said Beecher’s decision was not based on U.S. constitutional requirements for Senate service—age, citizenship, residency—or on state laws or regulations.
The challenger, Daniel J. Sullivan Jr., 69, is a retired teacher from Petersburg. He told The Associated Press he grew frustrated with the incumbent and decided to run. “I just decided it was something I needed to do,” he said. “I will find out if it was the right thing or not, but I’m going to give it a shot.” He denied trying to trick voters, saying he aims to pull votes as any challenger would.
Political Stakes
The race is one of about six competitive Senate contests that could determine control of the chamber for President Donald Trump’s final two years. The top four vote-getters in the August primary, regardless of party, advance to a ranked-choice general election in November. Democratic former U.S. Rep. Mary Peltola is seen as the senator’s main rival among more than a dozen candidates.
The senator and his allies, including the National Republican Senatorial Committee, accused the challenger of being a sham candidate. Republican Lt. Gov. Nancy Dahlstrom ordered an investigation. The Alaska Republican Party chair filed two complaints. The senator also alleged the challenger worked with Democrats, which the Peltola campaign, state Democrats, and the challenger denied.
Legal Arguments
Attorneys for the challenger argued the division disqualified him “because of what it thought were his reasons for running,” calling the good-faith standard “legally unsupportable.” Matthews agreed the division created a new, previously unstated “good-faith” criteria.
Beecher cited the challenger’s recent party affiliation change to Republican, similarities between his campaign website and the senator’s, and his work with a consultant who has Democratic clients. She found no evidence of coordination.
Attorneys general from 14 Republican-led states filed a brief supporting the division. The division initially certified both Sullivans, identifying the challenger as Dan J. Sullivan and the incumbent as Dan S. Sullivan.
Ballot Design Debate
State attorneys said using a middle initial would not sufficiently distinguish the candidates. They proposed listing the challenger as Daniel James Sullivan Jr. with a nonpartisan affiliation, arguing the division could deny him the Republican label. The challenger’s attorneys said that would be unlawful, proposing Dan J. Sullivan, Republican. They noted the senator could use his middle initial in communications, and the state’s voter pamphlet could help.
At least one outside group supporting the senator has used “Sen. Dan S. Sullivan” in ads and mailers.
