A man with the same name as U.S. Sen. Dan Sullivan is eligible for the Alaska primary ballot, a judge rules

JUNE, Alaska (AP) — A man with the same name and party affiliation as Alaska Republican U.S. Sen. Dan Sullivan is eligible to challenge the senator in the August primary, a judge ruled Friday.

Superior Court Judge Thomas Matthews’ ruling overturns a June 15 decision by Elections Director Carol Beecher to disqualify the challenger and keep him off the primary ballot. Matthews’ ruling can be appealed to the state Supreme Court.

Tuesday is the deadline for a final ruling so ballots can be printed for the Aug. 18 primary, state attorneys said.

The judge ruled that the department’s decision to disqualify Dan J. Sullivan because his nomination was not “in good faith” was not based on the Constitution, Alaska law, or the department’s own regulations. The retired teacher from the small fishing community of Petersburg has filed to challenge the incumbent.

“Instead, the decision was based on new good faith standards that had not been previously stated,” the judge wrote.

Sam Curtis, a spokesman for the state Department of Law, said via email Saturday that the department is appealing the decision. Jeffrey Robinson, Dan J. Sullivan’s attorney, said in an email that he expects the department will appeal and cannot comment until the Alaska Supreme Court rules on the case.

The controversy surrounding Dan Sullivan Monday has highlighted the risks involved in the incumbent’s re-election campaign. The Alaska race is one of about a half-dozen U.S. Senate races expected to be highly competitive in the fall, and the seat is one that Democrats are trying to flip in their efforts to try to regain the majority.

Read more: Senate candidate with same name as incumbent Dan Sullivan ineligible for ballot, official rules

The senator and his allies, including the National Republican Senatorial Committee, condemned the challenger’s efforts to join the race, arguing that his presence could confuse voters. Under Alaska’s electoral system, the top four candidates from the primary, regardless of party, move on to the general election, which is chosen in November.

The senator accused his rival, Sullivan, of working with Democrats and the campaign of former Democratic US Representative Mary Peltola – who is considered the senator’s main opponent – to create confusion and boost Peltola’s chances. Peltola’s campaign and state Democrats denied the allegation, as did the challenger.

Senators Sullivan and Peltula are the two leading candidates in the crowded race and the only ones who have reported raising any money.

Beecher said she decided that challenger Sullivan was ineligible to run because his nomination was not filed in good faith and instead was done with the intent to confuse voters. She said he registered to vote as Daniel J. Sullivan Jr., and in conjunction with his nomination, changed his party affiliation to the Republican Party. She also pointed out the similarities between his campaign website and the senator’s website, and his work with a consultant whose clients included some Democrats. It did not mention finding any evidence of the alleged coordination.

READ MORE: Other Dan Sullivan in Alaska Senate race says nomination is not a sham

In seeking to keep the challenger ineligible, state attorneys rejected suggestions that the ballot could be designed in a way to reduce voter confusion about 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 harm through design choices,” attorney Rachel Whitty, of the Alaska Department of Law, and outside attorneys Christopher Murray and Michael Francisco wrote in court filings.

Lawyers for challenger Sullivan said the Constitution sets out three exclusive qualifications for the Senate, dealing only with age, citizenship and residency. They said Beecher lacked the legal authority to remove their client from the ballot.

Challenger Sullivan said 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 thought about running for some time, and was frustrated with the senator.

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