Judge Orders Alaska to Allow Same-Named Challenger on Senate Primary Ballot

The judge said the state invented a test that didn't exist in law
The elections director had disqualified the challenger using a "good faith" standard that appeared nowhere in Alaska's Constitution or regulations.

In the vast and often unruly theater of democracy, a retired teacher from Petersburg, Alaska, has won the right to share a ballot — and a name — with a sitting U.S. Senator. A Superior Court judge ruled Friday that the state's elections director had invented a legal standard that exists nowhere in Alaska's Constitution or statutes, and that the power to define who may seek office cannot rest on an official's private judgment about a candidate's sincerity. The case now moves toward Alaska's Supreme Court, where the question of who gets to run — and why — must be answered before ballots go to print.

  • A retired teacher with the same name as a sitting U.S. Senator has been reinstated to the Republican primary ballot after a judge found the state had no legal authority to remove him.
  • The incumbent senator and national Republicans are sounding alarms, warning that a same-named candidate on the same primary ballot is a recipe for voter confusion and potential election manipulation.
  • The state's elections director had cited the challenger's recent party switch, a lookalike campaign website, and ties to a Democratic-linked consultant — but the judge found none of it amounted to a lawful disqualification.
  • The state is appealing to the Alaska Supreme Court, with Tuesday as the hard deadline before August primary ballots must go to print.
  • The race carries national weight: Democrats see Alaska's Senate seat as a rare pickup opportunity, and the crowded primary field — filtered through ranked-choice voting — makes every name on the ballot consequential.

A Superior Court judge ruled Friday that Dan J. Sullivan, a 69-year-old retired teacher from Petersburg, Alaska, may appear on the Republican primary ballot alongside incumbent U.S. Senator Dan Sullivan this August. The decision reverses a mid-June disqualification by the state's elections director and sets the stage for a rapid appeal to Alaska's Supreme Court.

Elections director Carol Beecher had removed the challenger on the grounds that his candidacy was not filed in good faith — pointing to a recent switch to Republican registration, a campaign website that echoed the senator's, and a consultant with Democratic clients. Judge Thomas Matthews rejected each of these rationales, writing that Beecher had applied a "good faith" standard that appears nowhere in the Alaska Constitution, state law, or the division's own rules. Without a legal foundation, the exclusion could not stand.

The challenger has said he grew frustrated with the incumbent over time and acknowledged that sharing a name gave him what he called "an instant megaphone." He denied any coordination with Democrats or with Mary Peltola, the former U.S. Representative widely seen as the senator's main fall opponent. Peltola's campaign and state Democrats have both denied involvement.

The incumbent senator and his allies have pushed back hard. The National Republican Senatorial Committee condemned the challenger's entry, and the senator accused Democrats of being "complicit in trying to trick Alaskans." His legal argument held that the Constitution does not obligate states to place sham candidates on the ballot. The challenger's attorneys countered that the Constitution sets only three qualifications for Senate candidacy — age, citizenship, and residency — and that an elections official cannot invent a fourth based on personal judgment about motive.

The state's Department of Law said Saturday it would appeal to the Alaska Supreme Court. Time is short: attorneys say Tuesday is the deadline for a final ruling before August 18 primary ballots are printed. Alaska's top-four primary system, which feeds into a ranked-choice general election, makes the composition of the ballot especially consequential in a race that national Democrats have identified as one of their best pickup opportunities — though the senator holds significant structural advantages in a state President Trump carried by 13 points in 2024.

A retired teacher from Petersburg, Alaska, named Dan J. Sullivan will be allowed to run against the sitting U.S. Senator Dan Sullivan in the Republican primary this August, a Superior Court judge ruled on Friday. The decision overturns an earlier move by the state's elections director to keep him off the ballot, and it sets up a legal fight that will likely reach Alaska's Supreme Court before ballots can be printed.

The elections director, Carol Beecher, had disqualified the challenger in mid-June, arguing his candidacy was not filed in good faith and was designed to confuse voters. She pointed to several facts: he had recently changed his party registration to Republican, his campaign website resembled the senator's, and he had worked with a consultant who had Democratic clients. Judge Thomas Matthews found none of this sufficient. The judge wrote that Beecher had invented a "good faith" standard that appeared nowhere in the Alaska Constitution, state law, or the division's own rules. Without a legal foundation, the exclusion could not stand.

The 69-year-old challenger, a former Forest Service employee, has said he considered running for some time and grew frustrated with the incumbent senator. He acknowledged that sharing a name and party affiliation gave him what he called "an instant megaphone," but he denied any coordination with Democrats or the campaign of Mary Peltola, a former U.S. Representative who is widely seen as the senator's main challenger in the fall. Peltola's campaign and state Democrats have both denied any involvement in his candidacy.

The incumbent senator and his allies have been vocal in their opposition. The National Republican Senatorial Committee condemned the challenger's entry into the race, and the senator himself brought the matter to reporters' attention at the Capitol, accusing Democrats of being "complicit in trying to trick Alaskans" and rig the election. The state's lieutenant governor, Nancy Dahlstrom, opened an investigation into the challenger's candidacy. The senator's legal argument was straightforward: the Constitution does not require states to place what he views as a sham candidate on the ballot and then try to fix the problem through ballot design.

But the challenger's attorneys countered that the Constitution sets out only three qualifications for the Senate—age, citizenship, and residency. Beecher, they argued, had no legal authority to add a fourth test based on her subjective judgment about the candidate's motives. The judge agreed. The state's Department of Law said Saturday it would appeal the ruling to the Alaska Supreme Court. The challenger's attorney said he expected an appeal and could not comment further until the higher court decides.

Time is tight. Attorneys for the state have said Tuesday is the deadline for a final ruling so that ballots for the August 18 primary can be printed. Alaska's election system allows the top four candidates from the primary, regardless of party, to advance to the ranked-choice general election in November. The Senate seat is one of roughly half a dozen competitive races nationally, and Democrats see it as a potential pickup in their effort to regain the majority—though that will be difficult in a state President Trump won by 13 points in 2024. The senator and Peltola are the only candidates to report raising significant money, and both are the highest-profile names in what is shaping up to be a crowded field.

The decision was based upon a new, previously unstated, 'good faith' criteria
— Judge Thomas Matthews
The Constitution does not require States to place a sham candidate on the ballot and then attempt to mitigate the damage through design choices
— State attorneys Rachel Witty, Christopher Murray, and Michael Francisco
A Conversa do Hearth Outra perspectiva sobre a história
Inventor

Why did the judge think the elections director overstepped?

Model

She created a test—this "good faith" standard—that didn't exist anywhere in the law. She was essentially saying she could decide which candidates were sincere enough to run, and the judge said that's not her job.

Inventor

But doesn't it seem obvious the challenger is trying to cause confusion?

Model

Maybe. But the judge's point was that obviousness isn't the same as legality. If you want to keep someone off the ballot, you need a rule that actually exists, not a feeling about their motives.

Inventor

So the state can just appeal and win at the Supreme Court?

Model

They can appeal, yes. But they'll have to find a legal hook the judge missed. The judge was pretty clear: the Constitution only sets three requirements for Senate candidates. Everything else is extra.

Inventor

What happens if the Supreme Court agrees with the judge?

Model

Then Dan J. Sullivan runs in August alongside the senator. Voters will see two Dan Sullivans on the ballot, both Republicans. The state worried that would confuse people. The judge said that's a design problem, not a disqualification problem.

Inventor

And the deadline is really Tuesday?

Model

Yes. If there's no final ruling by then, the ballots can't be printed in time for August 18. So the Supreme Court will be under real pressure to move fast.

Quer a matéria completa? Leia o original em CBS News ↗
Fale Conosco FAQ