An Alaska Superior Court judge ruled Friday that a Petersburg retiree with the same name as incumbent U.S. Senator Dan Sullivan is eligible to run in the August 18 primary, overturning a decision by state election officials to remove him from the ballot.
Judge Thomas Matthews said the Alaska Division of Elections was wrong to disqualify Dan J. Sullivan, a 70-year-old retired teacher, based on a “good-faith” requirement that does not exist in the U.S. Constitution or Alaska state law.
“In addition, the (Division of Elections) Director’s assertion that Mr. Sullivan seeks to confuse or misguide voters is not supported by a preponderance of evidence,” Matthews wrote in his 32-page decision. “Instead, the Division accepted at face-value the assertions of the complaint, and disregarded Mr. Sullivan’s assertions.”
Judge Thomas Matthews, Superior Court Order
The case centers on an unprecedented situation in Alaska politics: two Republican candidates with identical first and last names running for the same Senate seat. Elections Director Carol Beecher disqualified the Petersburg Sullivan on June 15, citing evidence that his candidacy was filed in bad faith to confuse voters and benefit Democratic candidate Mary Peltola.
The Republican Party of Alaska and the National Republican Senatorial Committee had filed complaints alleging that the Petersburg Sullivan was trying to trick voters by sharing the incumbent’s name and party affiliation. They claimed national Democratic leaders recruited him to run.
But Judge Matthews found that the Division of Elections imposed qualifications beyond those required by the Constitution. The Constitution specifies only three Senate qualifications: at least 30 years old, a U.S. citizen, and a state resident when elected.
“Because the Director relied on a qualification outside of the three qualifications specified in Article 1 of the U.S. Constitution, the court finds that the Division’s ‘good-faith’ requirement is unlawful,” Matthews wrote.
The Petersburg Sullivan, who said he filed to run because he believes the incumbent has not served Alaskans well, had appealed the disqualification after the Division removed him from the ballot. His attorney, Jeffrey Robinson, argued that the state cannot add extra requirements beyond the Constitution and that voters and campaigns—not election officials—should distinguish between candidates.
The ruling comes with a tight timeline. The Division of Elections must begin printing primary ballots by noon on Tuesday, June 30. The state is expected to appeal Matthews’ decision to the Alaska Supreme Court on Monday, setting up a rapid legal battle over whether the Petersburg Sullivan stays on the ballot.
The Alaska Senate race is among the most competitive in the nation, with control of the U.S. Senate potentially hanging in the balance. The incumbent senator and Republican Party officials have accused the Petersburg Sullivan of being a spoiler candidate designed to split Republican votes. Peltola’s campaign and the Alaska Democratic Party have denied any involvement in his candidacy.
Sources
- Alaska Public Media — Judge’s ruling and reasoning, Dan J. Sullivan’s background as Petersburg retiree
- Anchorage Daily News — Judge Matthews’ decision, constitutional qualifications argument, state’s position on ballot management
- Alaska Beacon — Oral arguments heard June 25, ballot printing deadline, both attorneys’ positions on good-faith requirement and voter confusion
