Judge Overturns Elections Division Decision, Allows Dan J. Sullivan on Alaska Senate Primary Ballot

Superior Court Judge Thomas Matthews ruled on June 27 that Dan J. Sullivan meets the requirements to appear on Alaska's August 18 Republican U.S. Senate primary ballot. The 32-page decision reversed an earlier disqualification by the Alaska Division of Elections.

The Division had removed Dan J. Sullivan from the ballot earlier in June after concluding he filed as a candidate to confuse voters and undermine the ballot's fairness. Matthews found that the Division relied on a "good faith" standard absent from state law or its regulations.

He cited the precedent in Alaska Democratic Party v. Beecher, which presumes candidate eligibility and requires statutory ambiguity to be resolved in favor of eligibility. The judge determined that the Division's claim that Dan J. Sullivan intends to confuse voters lacked support by a preponderance of evidence.

Attorneys for the state had argued that the U.S. Constitution does not require a sham candidate on the ballot, while attorneys for Dan J. Sullivan countered that the Constitution limits qualifications to age, citizenship, and residency. The ruling can be appealed to the Alaska Supreme Court before the Division begins printing ballots on June 30.

Alaska's ranked-choice voting system advances the top four candidates from the primary to the general election regardless of party affiliation.

Republicans have raised concerns that the challenger was recruited to erode support for the incumbent, though Dan J. Sullivan and the campaign of former Rep. Mary Peltola have denied any connection. "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.