Add The New York Post on Google WASHINGTON — May the best Dan Sullivan win.
Alaska’s highest court has allowed retired teacher Dan J. Sullivan to be on the ballot as a Republican against incumbent GOP Sen. Dan S. Sullivan despite concerns that the move could confuse voters.
Earlier this month, The Last Frontier’s top election official disqualified Dan J. Sullivan, concluding the “preponderance of the evidence” showed his nickname and party affiliation were chosen to potentially confuse voters.
But the Alaska Supreme Court concluded the state’s Division of Elections opted for “the most extreme remedy possible” to the dilemma instead of taking less drastic steps to differentiate between the candidates.
“We’re disappointed in the court’s decision because as the sham candidate Dan J. Sullivan’s lawyers made clear in their legal arguments, the only reason he is running is to deceive voters and manipulate Alaska’s election system,” Sen. Sullivan’s spokesperson said in a statement.
“However, we are encouraged by the fact that the Director of the Division of Elections will be able to use her expertise to differentiate between the Petersburg fraud and the incumbent — Senator Dan Sullivan — to the benefit of Alaska voters.”
Ultimately, the state’s high court deferred to the Alaska Division of Elections to determine how Dan. J. Sullivan’s name should be displayed on the ballot.
Election officials had noted that records never showed the retired teacher from Petersburg registering to vote or seeking ballot access under the name “Dan Sullivan.”
Crucially, Dan J. Sullivan had “initially emailed the Division asking to be listed on the ballot as ‘Dan S. Sullivan,’” the Division of Elections noted.
“That’s not an innocent mistake or a random mistake,” attorney Christopher Murray argued before the court, per Alaska Public Media.
“There’s a lot of other letters in the alphabet that could have been a typo. The fact that he picked the middle initial of the sitting United States senator that he’s purporting to genuinely challenge — we don’t think that the division is obligated to not notice that as very, very troubling.”
The campaign for Dan J. Sullivan cheered the decision, calling it “well reasoned.”
“We are grateful for the Alaska Supreme Court’s careful and timely attention to this important expedited matter,” the campaign said in a statement.
“We expect that the Division will act in full compliance with existing Alaska ballot design law in its preparation of the ballots.”
Alaska has a unique primary system, in which the top four candidates of each party advance to the general election to face off in a ranked-choice voting contest.
Democrats have recruited former Rep. Mary Peltola as their featured candidate after she narrowly lost her bid for re-election to Congress two years ago.
