An Alaska judge has ruled that a man sharing the name and party affiliation of U.S. Senator Dan Sullivan is eligible to appear on the Republican primary ballot in August. The decision by Superior Court Judge Thomas Matthews on Friday overturns an earlier disqualification by Division of Elections Director Carol Beecher.
The challenger, Dan J. Sullivan, a retired teacher from Petersburg, had been removed from the ballot on June 15. Beecher determined his candidacy was not "in good faith" and was intended to confuse voters. Judge Matthews found that this determination was not based on existing state law or regulations, but rather on a new, unstated "good faith" criterion.
The ruling can be appealed to the Alaska Supreme Court. State election officials had stated that a final decision was needed by Tuesday to allow for the printing of primary ballots for the Aug. 18 election.
Attorneys for the state had argued that the presence of two Dan Sullivans on the ballot, both identifying as Republican, could confuse voters and that the Constitution does not require election officials to place a "sham candidate" on the ballot. The challenger's attorneys countered that the Constitution specifies only age, citizenship, and residency as qualifications for the Senate, and that Beecher lacked the authority to disqualify their client.
Senator Dan Sullivan and his allies, including the National Republican Senatorial Committee, have criticized the challenger's presence on the ballot. They suggest the challenger is coordinating with Democrats and the campaign of Democratic former U.S. Rep. Mary Peltola, the senator's main opponent, to sow confusion and potentially aid Peltola's chances in the general election. Both the challenger and Peltola's campaign have denied these allegations.
Alaska's election system advances the top four candidates from the primary, regardless of party, to the ranked-choice general election in November. Senator Sullivan and Peltola are the most prominent candidates in the race and the only ones to have reported raising significant funds.