A man with the same name and party affiliation as Republican Sen. Dan Sullivan will be eligible to appear on Alaska’s primary ballot in August after a state judge overturned an election official’s decision to disqualify him.
In a ruling issued Friday, June 26, Alaska Superior Court Judge Thomas Matthews said the Department of Elections did not have the legal authority to remove Dan J. Sullivan from the ballot based on the newly created “good faith” standard, which does not exist in the U.S. Constitution, Alaska law or state election rules.
The decision reversed a June 15 decision by Elections Director Carol Beecher, who concluded that the St. Petersburg resident’s candidacy did not represent a legitimate campaign and was intended to confuse voters. Matthews ordered the division to put Sullivan on the Aug. 18 Republican primary ballot.
This decision can still be appealed to the Alaska Supreme Court. USA TODAY has reached out to the state’s attorney and Mr. Sullivan’s attorney for comment on the ruling.
Why did the judge rule in Sullivan’s favor?
Mr. Matthews found that Dan J. Sullivan met the constitutional qualifications for a U.S. Senate seat, including age, citizenship and residency requirements, and said the election board had unfairly imposed additional eligibility tests.
“Instead, this decision was based on a new, previously unstated ‘good faith’ standard,” Matthews wrote.
The judge also said the agency failed to prove that Sullivan’s candidacy was intended to mislead voters and found that the evidence did not support the agency’s conclusion that he ran solely to cause confusion.
Big stakes in tight Senate race
The controversy has garnered national attention as Alaska’s Senate race is expected to be one of the most competitive in the country this fall.
Sen. Dan Sullivan accused his challenger of working with Democrats and former Rep. Mary Peltola’s campaign to confuse voters and improve his chances under Alaska’s open primary and ranked-choice voting system. Mr. Peltola, his challenger and the Alaska Democratic Party all deny the allegations.
The National Republican Senatorial Committee and the Alaska Republican Party also argued that the candidacy could mislead voters because both Republicans require similar ballot names.
Under Alaska’s electoral system, the top four finishers in the Aug. 18 primary, regardless of party affiliation, advance to the November general election. Before Mr. Beecher reversed course, election officials had planned to distinguish between the two candidates on the primary ballot by listing the challenger as “Dan J. Sullivan” and the incumbent as “Dan S. Sullivan.”
Reporter Anthony Thompson can be reached at ajthompson@usatodayco.com or X @athompsonUSAT.
