Alaska's highest court has ruled that retired teacher Dan J. Sullivan can remain on the Republican ballot for the U.S. Senate race against incumbent GOP Sen. Dan S. Sullivan. The decision by the Alaska Supreme Court reverses a prior determination by the state's top election official, who had disqualified Dan J. Sullivan over concerns that his name and party affiliation were intended to confuse voters.
The Division of Elections had initially disqualified Dan J. Sullivan, citing a "preponderance of the evidence" suggesting his candidacy was designed to mislead voters. However, the Alaska Supreme Court found that disqualification was an overly severe remedy. The court stated that the Division of Elections should instead explore less drastic measures to differentiate between the two candidates on the ballot.
"We're disappointed in the court's decision because as the sham candidate Dan J. Sullivan's lawyers made clear in their legal arguments, the only reason he is running is to deceive voters and manipulate Alaska's election system," said a spokesperson for Sen. Dan S. Sullivan. "However, 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."
Election officials noted that Dan J. Sullivan had never previously registered to vote or sought ballot access under the name "Dan Sullivan." Crucially, he had initially requested to be listed on the ballot as "Dan S. Sullivan," an action his legal team argued before the court was a deliberate choice to mimic the incumbent senator's name.
The campaign for Dan J. Sullivan celebrated the ruling, calling it "well reasoned." "We are grateful for the Alaska Supreme Court's careful and timely attention to this important expedited matter," the campaign said in a statement. "We expect that the Division will act in full compliance with existing Alaska ballot design law in its preparation of the ballots."
Alaska utilizes a unique primary system where the top four candidates from each party advance to the general election, which then employs ranked-choice voting. Democrats have put forward former Rep. Mary Peltola as their candidate in the race.