Alaska judge allows candidate with same name as Sen. Dan Sullivan to appear on primary ballot
A Superior Court judge ruled that a retired teacher named Dan J. Sullivan can remain on the August primary ballot, overturning a prior disqualification and opening the possibility of a legal appeal.
A Superior Court judge in Alaska ruled on Friday that Dan J. Sullivan, a retired teacher from Petersburg, is eligible to remain on the August 18 primary ballot, reversing a June decision by the Division of Elections that had barred him. The ruling, issued by Judge Thomas Matthews, found that the Division’s “good faith” test for candidacy was not grounded in the state constitution, Alaska law, or the agency’s own regulations. Matthews wrote that the decision relied on a newly introduced, previously unstated criterion.
State attorneys have indicated that the Division of Elections must issue a final ruling by Tuesday to allow ballots to be printed in time. The Division may appeal the decision to the Alaska Supreme Court.
The case centers on the fact that both the challenger and incumbent U.S. Sen. Dan Sullivan share the same name and party affiliation. The Division’s director, Carol Beecher, had argued that the challenger’s filing was intended to confuse voters, citing his registration as Daniel J. Sullivan Jr., a recent party change, and similarities between his campaign website and the senator’s. Attorneys for the state contended that the ballot could be designed to mitigate any potential confusion.
"The Constitution does not require States to place a sham candidate on the ballot and then attempt to mitigate the damage through design choices," wrote Alaska Department of Law attorney Rachel Witty and co-counsel.
The challenger’s legal team argued that the Constitution sets only three qualifications for Senate office—age, citizenship and residency—and that the Division lacked authority to remove a candidate based on alleged intent. Sullivan, 69, said he had considered running for some time and was frustrated with the incumbent.
The dispute has drawn attention because the Alaska Senate race is viewed as competitive, with Democrats seeking to flip the seat. Under Alaska’s top-four primary system, the leading candidates advance to a ranked-choice general election.
