Dan Sullivan candidate appeal likely to go to Alaska Supreme Court, with one week until ballot deadline

State says noon on June 30 is ‘drop dead’ point for decision on decertification of US Senate candidate with same name as incumbent before ballots are printed

Dan J. Sullivan of Petersburg, who announced his U.S. Senate candidacy on May 29. (Photo courtesy of Dan J. Sullivan)

By Mark Sabbatini

Juneau Independent

Both sides in a legal dispute about Petersburg resident Dan J. Sullivan being decertified as a U.S. Senate candidate say they expect the appeal to reach the Alaska Supreme Court — and state elections officials say a ruling is needed by June 30 in order to print ballots on time.

Sullivan, a retired teacher, filed the appeal on Monday after his candidacy was invalidated June 15 by Alaska Division of Elections Director Carol Beecher, who stated it was "filed with a purpose to confuse or mislead" voters into mistaking him for incumbent Sen. Dan S. Sullivan.

The Republican senator and GOP officials have accused Democratic candidate Mary Peltola and officials of spurring the second Dan Sullivan campaign, which they have denied.

During a 25-minute status hearing Tuesday in Anchorage Superior Court, attorneys representing the Division of Elections and Dan J. Sullivan both focused on the timing for getting a judge’s ruling that could then be appealed to the Supreme Court before the state’s declared ballot printing deadline. Beecher had cited a deadline of June 28 in her decertification letter, but state attorney Rachel Witty said Tuesday the "drop dead" time for a Supreme Court ruling is noon on June 30 for Dan J. Sullivan’s name to appear on printed ballots.

Oral arguments before Superior Court Judge Thomas Matthews are tentatively scheduled for 10 a.m. Thursday, with briefs by attorneys for the state and Dan J. Sullivan that follow up on the initial appeal set to be filed a day earlier.

"My expectation is to issue a decision as fast as I can," Matthews told the attorneys, although he cautioned a ruling might not occur by the end of the business day Thursday.

Jeffrey Robinson, an attorney representing Dan J. Sullivan, and Witty agreed a Thursday evening ruling that allows an appeal of the decision to be filed Friday with the Supreme Court is acceptable. That timeline envisions arguments being presented to justices during the weekend and a ruling before next Tuesday’s deadline.

Beecher’s decertification, following complaints filed by two Republican party entities, cites several reasons including a campaign website by Dan J. Sullivan with similar colors to the senator’s and hiring a political consultant who has participated in Democratic campaigns.

Dan J. Sullivan, in his appeal and other correspondence to state election officials, denies any intent to deceive. Also, the appeal argues the state lacks legal justification to remove him from the ballot because "Nothing in Alaska law regulates in any way the private motivations that draw individuals to declare or campaign for office."

• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.