By AlaskaWatchman.com

In a swift and highly controversial election-law ruling, Alaska Superior Court Judge Thomas A. Matthews overturned the Division of Elections’ decision to bar Petersburg resident Daniel J. Sullivan Jr. from running against U.S. Sen. Dan Sullivan in the August 18 primary.

The 32-page order asserts that Daniel Sullivan is an eligible Republican candidate and directs the state to include his name and party affiliation on the ballot. The decision comes just days before the Division’s June 30 deadline to finalize ballots.

Daniel Sullivan, a retired schoolteacher from Petersburg, filed for candidacy on May 29. The Division initially certified him. After complaints from the Alaska Republican Party and the National Republican Senatorial Committee alleging a “sham” candidacy designed to confuse voters because of the similar name to incumbent Sen. Dan Sullivan, Director Carol Beecher removed him the Petersburg Sullivan. The Division concluded the filing was not made “in order to declare an actual good-faith candidacy,” but to confuse voters and undermine Sen. Sullivan.

Judge Matthews ruled that the Division lacked authority to impose a “good-faith” requirement. The U.S. Constitution, Article I, Section 3, sets the only qualifications for U.S. senator: age 30 or older, nine years of U.S. citizenship, and inhabitancy in the state when elected. Citing the U.S. Supreme Court’s decision in U.S. Term Limits v. Thornton (1995), the court held that states may not add qualifications beyond those spelled out in the Constitution.

Alaska statutes and the Division’s own regulations likewise contain no “good-faith” or motive test. Thus, the Director’s review of eligibility complaints is limited to grounds related to qualifications stated in the candidate’s declaration of candidacy. The court found the Division’s concerns about voter confusion and intent were not supported by a preponderance of the evidence and claimed that any confusion regarding the two Sullivans could be addressed through ballot-design rather than disqualification.

The ruling essentially restores the Petersburg Sullivan to the ballot alongside the incumbent. Ballots must still be printed and mailed in time for the August primary.

It is unclear whether the state will appeal the ruling to the Alaska Supreme Court.

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Alaska judge says Dan Sullivan double can run against U.S. Sen. Dan Sullivan

Joel Davidson
Joel is Editor-in-Chief of the Alaska Watchman. Joel is an award winning journalist and has been reporting for over 24 years, He is a proud father of 8 children, and lives in Palmer, Alaska.


9 Comments

  • Frozen says:

    Too bad there’s only one Mary Peltola….or maybe I should be thankful there’s only one!

  • Herman Nelson says:

    It’d be interesting to access the voting records of the “judge” in question. Who has “blue judge protecting blue agent running for senator” on their bingo cards..?

  • Fergie says:

    A fundamental principle of Marxism is: “The End Always Justifies the Means” This relieves any advocate of this deadly governing concept of any responsibility for honesty, fairness or compassion for human life. Since it’s true history, and also American values, have not been typically taught in our public schools and colleges for at least two generations, a frightening number of American adults are ignorant of this fact.
    God help us all!

  • Lobo says:

    Hopefully, the ballot will address the incumbent as “Sen.” Dan Sullivan.

    • Steven Chappell says:

      No the ballot will just listed the middle initial. If you want the incumbent not the imposter look for Dan S Sullivan not Dan J Sullivan

  • detlef wanke says:

    I’d be interested to know who is paying atty Robinson of Ballard Spahr legal fees. Surely a retired school teacher can’t afford the legal fee associated with this case.

  • Bob Bird says:

    The man has already admitted to filing in order to confuse voters, and that his candidacy is not in good faith. Plus, the imitation website and attempt to change his middle initial ar enough evidence for a conviction if a statute existed. I wonder who advised the “campaign advisor” to go vacationing in Ireland? The real person of responsibility is the wooden-headed puppet, Mary Peltola. It makes no difference if she did not come up with the idea herself. I doubt she had the brains to do it. But she IS the responsible party. “Who benefits?” If the real Dan Sullivan does not call her out as a scammer and unworthy candidate, and do so continuously, he doesn’t deserve to be re-elected.