Judge Rules Dan Sullivan’s Namesake Primary Challenger Can Appear on Alaska Senate Ballot

A man who shares both the name and party registration of Alaska Republican U.S. Sen. Dan Sullivan may run against him in the August primary, a judge decided Friday.

Superior Court Judge Thomas Matthews’ decision reverses a June 15 move by Division of Elections Director Carol Beecher, who had disqualified the challenger and blocked him from appearing on the primary ballot. The ruling could still be taken to the Alaska Supreme Court.

State attorneys have said a final decision must be in place by Tuesday to allow ballots for the Aug. 18 primary to be printed on schedule.

Matthews found that the division’s decision to bar Dan J. Sullivan on the grounds that his campaign was not launched “in good faith” was not supported by the Alaska Constitution, state law or the agency’s own rules. Sullivan, a retired teacher from the fishing town of Petersburg, filed to challenge the sitting senator.

“Instead, the decision was based upon a new, previously unstated, ‘good faith’ criteria,” the judge wrote.

The Division of Elections is appealing the ruling, Sam Curtis, a spokesperson for the state Department of Law, said in an email Saturday. Jeffrey Robinson, an attorney representing Dan J. Sullivan, said by email that he anticipated an appeal and would not comment further until the Alaska Supreme Court issues a decision.

The dispute involving the two Dan Sullivans has highlighted the political importance of the incumbent’s reelection bid. Alaska’s contest is among roughly six U.S. Senate races expected to draw intense competition this fall, with Democrats targeting the seat as part of their effort to win back the majority. Still, the party faces a difficult path in a state President Trump carried by 13 points in 2024.

The senator and his supporters, including the National Republican Senatorial Committee, have sharply criticized the challenger’s attempt to enter the race, saying his candidacy could mislead or confuse voters. Republican Lt. Gov. Nancy Dahlstrom opened an investigation earlier this month into the candidacy of the non-senator Sullivan.

Under Alaska’s election system, the top four candidates from the primary, regardless of party, move on to the ranked-choice November general election.

The senator has accused the challenger Sullivan of working with Democrats and the campaign of Democratic former U.S. Rep. Mary Peltola — who is considered the senator’s main opponent — to cause confusion and boost Peltola’s chances. The sitting senator brought the situation to reporters’ attention at the Capitol earlier this month, accusing Democrats of being “complicit in trying to trick Alaskans” to “rig an election in their favor.” 

Peltola’s campaign and state Democrats have denied the allegation, as has the challenger.

Sen. Sullivan and Peltola are the highest-profile candidates in the crowded race and the only ones to report raising any money.

Beecher has said she determined the challenger Sullivan is not eligible to run because his candidacy was not filed in good faith and instead was done with an intent to confuse voters. She said he had registered to vote as Daniel J. Sullivan Jr. and, in conjunction with his candidacy, changed his party affiliation to Republican. She also cited similarities between his campaign website and the senator’s, and his work with a consultant whose clients have included some Democrats. She did not mention finding any evidence of alleged coordination.

In arguing to keep the challenger disqualified, attorneys for the state pushed back on suggestions the ballot could be designed in a way to reduce voter confusion over two candidates with the same name and party running for the same office.

“The Constitution does not require States to place a sham candidate on the ballot and then attempt to mitigate the damage through design choices,” attorney Rachel Witty, with the Alaska Department of Law, and outside attorneys Christopher Murray and Michael Francisco wrote in court filings.

Attorneys for the challenger Sullivan argued that the Constitution lays out three exclusive qualifications for the Senate, addressing only age, citizenship and residency. They said Beecher lacked the legal authority to boot their client off the ballot.

The challenger Sullivan has said that sharing a name and party affiliation with the incumbent gave him “an instant megaphone.” But the 69-year-old retired teacher and former U.S. Forest Service employee said he had considered a run for some time and had grown frustrated with the senator.

He initially was certified on the state’s candidate list as Dan J. Sullivan, with the senator listed as Dan S. Sullivan and identified as the incumbent.

Aaron Navarro

contributed to this report.