Judge rules name game can’t trump Constitution on Alaska ballot
An Alaska judge has ruled that a candidate sharing the same name as the state’s incumbent U.S. senator must be allowed on the primary ballot.
As Straight Arrow previously reported, Daniel J. Sullivan had been removed from the ballot after state officials concluded his candidacy was a deliberate attempt to “confuse or mislead” voters who might mistake him for the two-term Republican incumbent, Sen. Dan Sullivan.
In a decision issued after expedited proceedings, the Alaska Superior Court vacated the Division of Elections’ ruling, finding that the agency relied on a “good‑faith” requirement not grounded in the U.S. Constitution, Alaska statutes, or state election regulations.
“The Division’s decision … was based on a ‘good‑faith’ requirement that does not appear in the U.S. Constitution, the Alaska Statutes, or the implementing regulations,” the judge wrote.
The dispute centers on two Republican candidates named Dan Sullivan — one the incumbent U.S. senator and the other a challenger from Petersburg who filed to run earlier this year. After complaints from Republican groups, election officials determined the challenger’s candidacy was not made in “good faith” and excluded him from the ballot.
The court rejected that reasoning, emphasizing that the U.S. Constitution establishes only three qualifications for candidates for the Senate: age, citizenship and residency. Because the challenger met those requirements, the court said the state had no authority to impose additional criteria based on a candidate’s perceived intent.
The ruling concluded that the Division’s “good‑faith” standard amounted to an unlawful additional qualification for office.
The judge also found that Alaska law does not give election officials the power to remove an otherwise qualified candidate from the ballot simply to prevent potential voter confusion. Instead, the court said the state can address such concerns through ballot design, including how candidates’ names are displayed.
Daniel J. Sullivan, who denied any intent to mislead voters, appealed the Division’s decision after being disqualified. His attorneys argued that neither Alaska law nor the Constitution regulates a candidate’s motives for running and that he met all the legal requirements for office.
The court agreed, finding that the Division exceeded its authority and that the evidence did not support a conclusion that Sullivan was ineligible.
As a result, the Division of Elections must place Sullivan’s name on the ballot for Alaska’s Aug. 18 primary election alongside the incumbent senator.
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Ella Rae Greene, Editor In Chief
