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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