The Alaska Supreme Court ruled Monday that a man sharing the name and party affiliation of U.S. Sen. Dan Sullivan is qualified to run for the seat and ordered election officials to include him on the August primary ballot. The decision came hours after the court heard arguments and days after a state judge found the Division of Elections had abused its discretion in removing the challenger, also named Dan Sullivan, from the ballot.
The Supreme Court affirmed the lower court's decision to include the challenger but sent the issue of how he will be listed on the ballot back to the division, citing existing Alaska ballot design law. A full opinion explaining the ruling is expected later. Jeffrey Robinson, an attorney for the challenger, expressed gratitude for the decision and anticipated the division would comply with ballot design law. Sam Curtis, a spokesperson for the state Department of Law, stated the state would work to implement the order.
Nate Adams, a spokesperson for Sen. Sullivan, acknowledged disappointment but expressed confidence that election officials could differentiate between the two candidates. The campaign for the incumbent senator had previously accused the challenger of being a sham candidate intended to cause confusion.
Division of Elections Director Carol Beecher had previously ruled that the challenger's candidacy was not filed in good faith and was intended to confuse voters. However, state Judge Thomas Matthews stated that Beecher's decision was not based on constitutional requirements for serving in the Senate—age, citizenship, and residency—nor on state laws or regulations.
The dispute began when the challenger, a retired teacher from Petersburg, filed his candidacy about a month ago. The race is considered one of the most competitive Senate contests that could influence control of the chamber. Accusations of the challenger being a sham candidate were made by the senator and his allies, including the National Republican Senatorial Committee.
Republican Lt. Gov. Nancy Dahlstrom, who oversees elections, announced an investigation into the challenger's candidacy. The Alaska Republican Party chair also filed complaints questioning the challenger's party affiliation and motives. The incumbent senator also alleged coordination between the challenger and Democrats, including the campaign of former U.S. Rep. Mary Peltola, an accusation denied by Peltola's campaign, state Democrats, and the challenger himself.
The challenger, 69, stated his decision to run was his own, driven by frustration with the incumbent. He acknowledged aiming to draw votes from the senator but denied any intention to trick voters. Attorneys for the challenger argued before the state Supreme Court that the elections division's application of a good-faith standard was legally unsupportable.
Beecher had disqualified the challenger, citing his registration as Daniel J. Sullivan Jr., his change of party affiliation to Republican despite no prior affiliation, similarities between his campaign website and the senator's, and his work with a consultant whose clients included Democrats. She did not report finding evidence of coordination.
Attorneys general from 14 Republican-led states submitted a brief supporting the Division of Elections' stance. State attorneys proposed listing the challenger as Daniel James Sullivan Jr. with a nonpartisan affiliation if he were to be placed on the ballot, while the incumbent would be listed as Dan Sullivan, registered Republican and incumbent. The challenger's attorneys countered that listing their client as nonpartisan would be unlawful, as Alaska law permits him to be listed according to his party preference. They proposed he be listed as Dan J. Sullivan, a Republican, and suggested the incumbent could use his middle initial or rely on voter information pamphlets to distinguish himself.
The top four vote-getters in the primary, regardless of party, advance to a ranked-choice general election in November.