JUNEAU, Alaska — An Alaska Superior Court judge ruled on Friday that a Republican U.S. Senate candidate who shares the same name as incumbent Sen. Dan Sullivan is eligible to appear on the state's Aug. 18 primary ballot, overturning a decision by election officials to disqualify him on grounds that his candidacy was not filed in good faith.
The ruling is significant because it restores retired teacher and former U.S. Forest Service employee Dan J. Sullivan to the ballot alongside Republican Sen. Dan Sullivan in a closely watched Senate race. Alaska uses a nonpartisan primary system in which the top four candidates, regardless of party affiliation, advance to the general election. State attorneys have said a final legal resolution is needed before ballots are printed.
Superior Court Judge Thomas Matthews concluded that the Alaska Division of Elections lacked a constitutional or statutory basis for removing Dan J. Sullivan from the ballot. The division had previously determined that his candidacy was not a legitimate attempt to seek office but was instead intended to confuse voters because he shares both the incumbent's name and Republican affiliation. Matthews found that the "good faith" standard relied upon by election officials was not supported by the U.S. Constitution, Alaska law or the division's own regulations.
In his ruling, Matthews wrote that the division's decision was not based on "the Constitution, Alaska law or the division's own regulations," according to the court order and reporting on the decision.
The Division of Elections had disqualified the challenger on June 15 after citing complaints from Republican officials and concerns that his candidacy could mislead voters. Election Director Carol Beecher said at the time that she believed the filing was intended "to confuse or mislead and to thereby compromise the ballot's fairness or neutrality." Dan J. Sullivan has denied coordinating with Democratic Senate candidate Mary Peltola or her campaign and has maintained that he independently decided to run. The Peltola campaign has also denied involvement.
The incumbent senator and Republican allies had argued that allowing two Republican candidates with the same name on the ballot could create voter confusion. Attorneys representing the challenger countered that constitutional qualifications for serving in the U.S. Senate do not include a subjective assessment of a candidate's motives.
The Alaska Department of Law has appealed Matthews' decision to the Alaska Supreme Court, according to court filings and state officials. Attorneys for the state have said Tuesday is the deadline for a final ruling to allow ballots for the Aug. 18 primary to be printed.
