Alaska Supreme Court permits Dan J. Sullivan to appear on primary ballot
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Alaska Supreme Court permits Dan J. Sullivan to appear on primary ballot

Summary

The Alaska Supreme Court upheld a lower court ruling that Dan J. Sullivan, a 70-year-old retired teacher, can remain on the Aug. 18 primary ballot, sending the matter of ballot labeling to the Division of Elections.

The Alaska Supreme Court on Monday affirmed a Superior Court order allowing Dan J. Sullivan, a 70-year-old retired teacher from Petersburg, to stay on the August 18 primary ballot for the U.S. Senate race. The justices directed the Alaska Division of Elections to decide how his name will be listed under existing ballot-design rules, with a full opinion to follow.

Sullivan, who registered as a Republican candidate in late May despite a 40-year record of no party affiliation, had been barred by Division of Elections Director Carol Beecher after complaints from the Alaska Republican Party and the National Republican Senatorial Committee that his candidacy was intended to confuse voters and aid Democratic challenger Mary Peltola. The state argued his filing was not made in good faith.

"We are encouraged by the fact that the Director of the Division of Elections 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," said Nate Adams, spokesperson for Sen. Dan Sullivan’s campaign, expressing disappointment with the ruling.

During oral arguments, attorneys debated whether the Division of Elections could alter a candidate’s party designation to avoid confusion. The state suggested listing Dan J. Sullivan as nonpartisan, while his lawyer argued that an independent candidate may register as a Republican and that the division lacks authority to change party affiliation.

The court’s order also noted that the justices heard the case remotely and that the state faces a Tuesday deadline to print ballots. The decision comes as the Senate seat, which could affect control of the chamber, draws national attention, with multiple states filing amicus briefs.

Sullivan said he was “happy” with the outcome and plans to establish a campaign committee to raise funds, including covering attorney fees incurred during the litigation. He indicated no campaign events are scheduled yet and mentioned personal commitments in July.

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