WASHINGTON — Let the battle of the Dan Sullivans begin.
Alaska’s Supreme Court has cleared the way for retired teacher Dan J. Sullivan to appear on the Republican ballot against GOP incumbent Sen. Dan S. Sullivan, even as critics warn the shared name could mislead voters.
The state’s chief elections official had removed Dan J. Sullivan from the race earlier this month, finding that the “preponderance of the evidence” suggested his chosen nickname and party label were intended, at least in part, to create confusion at the polls.
The Alaska Supreme Court disagreed with that approach, ruling that the Division of Elections had turned to “the most extreme remedy possible” rather than considering narrower ways to help voters distinguish between the two candidates.
“We’re disappointed in the court’s decision because as the sham candidate Dan J. Sullivan’s lawyers made clear in their legal arguments, the only reason he is running is to deceive voters and manipulate Alaska’s election system,” Sen. Sullivan’s spokesperson said in a statement.
“However, we are encouraged by the fact that the Director of the Division of Elections will be able to use her expertise to differentiate between the Petersburg fraud and the incumbent — Senator Dan Sullivan — to the benefit of Alaska voters.”
In the end, the justices left it to the Alaska Division of Elections to decide exactly how Dan J. Sullivan’s name will be presented to voters on the ballot.
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Election officials previously pointed out that records did not show the retired Petersburg teacher had ever registered to vote or sought ballot access using the name “Dan Sullivan.”
Crucially, Dan J. Sullivan had “initially emailed the Division asking to be listed on the ballot as ‘Dan S. Sullivan,’” the Division of Elections noted.
“That’s not an innocent mistake or a random mistake,” attorney Christopher Murray argued before the court, per Alaska Public Media.
“There’s a lot of other letters in the alphabet that could have been a typo. The fact that he picked the middle initial of the sitting United States senator that he’s purporting to genuinely challenge — we don’t think that the division is obligated to not notice that as very, very troubling.”
The campaign for Dan J. Sullivan cheered the decision, calling it “well reasoned.”
“We are grateful for the Alaska Supreme Court’s careful and timely attention to this important expedited matter,” the campaign said in a statement.
“We expect that the Division will act in full compliance with existing Alaska ballot design law in its preparation of the ballots.”
Alaska has a unique primary system, in which the top four candidates of each party advance to the general election to face off in a ranked-choice voting contest.
Democrats have recruited former Rep. Mary Peltola as their featured candidate after she narrowly lost her bid for re-election to Congress two years ago.
