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via: usatoday.com

Judge allows second Dan Sullivan on Alaska Senate ballot

A man with the same name and party affiliation as Republican U.S. Sen. Dan Sullivan is eligible to appear on Alaska's August primary ballot after a state judge overturned an elections official's decision to disqualify him.

In a ruling issued Friday, June 26, Alaska Superior Court Judge Thomas Matthews said the Division of Elections lacked legal authority to remove Dan J. Sullivan from the ballot based on a newly created "good-faith" standard that does not exist in the U.S. Constitution, Alaska law or state election regulations.

The decision reverses a June 15 determination by Division of Elections Director Carol Beecher, who concluded the Petersburg resident's candidacy was intended to confuse voters rather than represent a legitimate campaign. Matthews ordered the Division to place Sullivan on the Aug. 18 Republican primary ballot.

The ruling can still be appealed to the Alaska Supreme Court. USA TODAY attempted to state's attorneys, as well as Sullivan's lawyer, for comment on the ruling.

Why the judge ruled in Sullivan's favor

Matthews found that Dan J. Sullivan meets the constitutional qualifications to serve in the U.S. Senate, including age, citizenship and residency requirements, and said election officials improperly imposed an additional eligibility test.

"Instead, the decision was based upon a new, previously unstated, 'good-faith' criteria," Matthews wrote.

The judge also said the Division failed to prove that Sullivan's candidacy was intended to mislead voters, finding the evidence did not support the agency's conclusion that he was running solely to create confusion.

High stakes in a competitive Senate race

The dispute has drawn national attention because Alaska's Senate race is expected to be one of the country's most competitive contests this fall.

Sen. Dan Sullivan has accused the challenger of coordinating with Democrats and former U.S. Rep. Mary Peltola's campaign to confuse voters and improve her chances under Alaska's open primary and ranked-choice voting system. Peltola, the challenger and Alaska Democrats have all denied those allegations.

The National Republican Senatorial Committee and the Alaska Republican Party also argued the candidacy could mislead voters because both Republicans requested similar ballot names.

Under Alaska's election system, the top four finishers in the Aug. 18 primary advance to the November general election regardless of party affiliation. Before Beecher reversed course, election officials had planned to distinguish the two candidates on the primary ballot by listing the challenger as "Dan J. Sullivan" and the incumbent as "Dan S. Sullivan."

Reporter Anthony Thompson can be reached at [email protected], or on X @athompsonUSAT