Challenger with same name as Alaska US Sen. Dan Sullivan files challenge to stay on ballot

JUNEAU, Alaska (AP) — A man with the same name and party affiliation as Alaska Republican U.S. Sen. Dan Sullivan on Monday challenged a decision by a top state elections official to disqualify his candidacy and remove him from the August primary ballot.

A court filing on behalf of the challenger Sullivan by his attorneys said the decision by the Division of Elections Director Carol Beecher disqualifying him violates state and federal law. It asks that he be placed on the ballot. Sullivan has maintained that he's a qualified candidate for U.S. Senate and that election officials lacked a legal basis to boot him from the ballot.

His entrance into the race, days before the June 1 filing deadline, drew condemnation from Sen. Sullivan and the National Republican Senatorial Committee. They called the challenger a sham candidate and alleged he was working with Democrats to boost Democratic former U.S. Rep. Mary Peltola's chances in the race. Peltola's campaign and state Democrats have denied the allegation, as did the challenger.

Sen. Sullivan and Peltola are the highest-profile contenders in a race with more than a dozen candidates. It's one of the most prominent U.S. Senate races in this year's midterm elections — one both parties consider crucial to their efforts to control the chamber.

On June 15, a week after Republican Lt. Gov. Nancy Dahlstrom announced an investigation into the challenger Sullivan's run, Beecher disqualified him. She concluded that his declaration of candidacy "was not filed in order to declare an actual good-faith candidacy for the office of United States Senator, but was instead filed with a purpose to confuse or mislead and to thereby compromise the ballot's fairness or neutrality."

In announcing an investigation, Dahlstrom cited "credible allegations" that Sullivan declared his candidacy "in coordination with another candidate and campaign" with an intent to confuse and "manipulate" voters. But in removing the challenger from the ballot, Beecher did not mention finding any evidence of alleged coordination with Peltola or Democratic Party officials. And when asked in an interview if he'd had any contact with Peltola's campaign, the challenger responded "zero, none, zilch."

Beecher said she based her decision on other factors, including that he had registered to vote as Daniel J. Sullivan Jr. and in conjunction with his candidacy changed his party affiliation to Republican. She cited similarities between his campaign website and the senator's, and his work with a consultant whose clients have included some Democrats.

The form that congressional candidates in Alaska complete asks them how they would like to be referred to on the ballot and their preferred party affiliation.

Beecher said she acted in line with a regulation that says a candidate's name may not appear on a ballot with academic or professional titles or "in a manner that is confusing or misleading to voters or compromises the fairness or neutrality of the ballot."

Legislative attorney Andrew Dunmire, in response to questions from Democratic state Rep. Andrew Gray, said the regulation cited by Beecher does not forbid placing Sullivan's name on the ballot. He said the elections division could comply with it by designing the ballot in a way that allows voters to distinguish between both Sullivans.

The challenger Sullivan initially had been certified and listed on the state's candidate list as Dan J. Sullivan. The senator was listed as Dan S. Sullivan and denoted as the incumbent.

Dunmire also said it was his opinion that the division could only disqualify a congressional candidate if they did not meet one of the three qualifications to run outlined in the U.S. Constitution — relating to age, residency and citizenship.

Alaska has open primaries in which the top four vote-getters, regardless of party affiliation, advance to the ranked choice general election.