A namesake challenger to Alaska’s incumbent U.S. senator is appealing a decision to remove him from the state’s Aug. 18 primary ballot, according to a filing submitted to the Anchorage Superior Court on Monday.
The filing came a week after Alaska’s top election officials decided to remove Dan J. Sullivan, a retired teacher from Petersburg, from Alaska’s U.S. Senate ballot.
In choosing to remove the Petersburg Sullivan’s name from the ballot, state Division of Elections Director Carol Beecher, a Republican, sided with the Alaska Republican Party and the National Republican Senatorial Committee, which claimed that he was attempting to thwart the reelection bid of the Republican incumbent, Sen. Dan S. Sullivan.
Alaska’s primary ballots are set to be certified for printing on Sunday, giving the Petersburg challenger mere days to argue his case in state courts.
In a filing to the Anchorage Superior Court, the Petersburg Sullivan asked for the Division of Elections decision to be overturned, reinstating his name on the ballot.
Sullivan argued that he meets all requirements to run for office in Alaska, and cannot be precluded from running based on sharing a name and political affiliation with the incumbent.
The Division of Elections “abused its discretion and exceeded its statutory jurisdiction when it determined” that the Petersburg Sullivan is not entitled to appear on Alaska’s ballot, wrote Jeffrey Robinson, an attorney representing him.
Robinson and the Petersburg Sullivan declined to comment further Monday.
The two Sullivans vying for one of Alaska’s U.S. Senate seats are among nine Alaska voters whose legal name is Daniel Sullivan. That figure includes a former Anchorage mayor who also goes by the name Dan Sullivan.
Previous court rulings have determined that the bar for removing a candidate from Alaska’s ballot is exceedingly high.
[Rare legislative subpoena issued — then rescinded — on removal of Dan J. Sullivan from Alaska ballot]
Alaska’s U.S. Senate race is seen as one of a few competitive contests that could determine control of the chamber after the November midterm elections. The most high-profile challenger to the Republican incumbent is Democratic former U.S. Rep. Mary Peltola.
Over a dozen candidates are slated to contend in the August U.S. Senate primary. Under Alaska’s election laws, the top four vote-getters in the open primary, regardless of party affiliation, will advance to the general election.
A spokesperson for the Alaska Department of Law said in a statement Monday that the department is aware of Sullivan’s court challenge.
“We will defend the Division’s determination and look forward to an expeditious ruling from the Superior Court,” wrote spokesperson Sam Curtis.
This is a developing story. Check back for updates.
