State decertifies Dan. J. Sullivan as US Senate candidate

Elections director asserts namesake of incumbent ‘filed with a purpose to confuse or mislead and to thereby compromise the ballot’s fairness or neutrality’

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

By Mark Sabbatini

Juneau Independent

This is a developing story.

Petersburg resident Dan J. Sullivan has been decertified as a U.S. Senate candidate for the seat held by incumbent Dan S. Sullivan, the Alaska Division of Elections announced Monday.

"I conclude that your declaration of candidacy was not properly filed with the Division because it was not filed in order to declare an actual good-faith candidacy for the office of United States Senator, but was instead filed with a purpose to confuse or mislead and to thereby compromise the ballot’s fairness or neutrality," Carol Beecher, the division’s director, stated in a letter of final determination to the retired Petersburg teacher.

Dan J. Sullivan has 30 days to appeal the decision, according to Beecher. However, she added, "if you intend to challenge the decision and seek judicial relief in Alaska Superior Court to be placed on the ballot, be aware ballots are printed on June 28."

State Rep. Sarah Vance, R-Homer, announced on her official Facebook page the House Judiciary Committee is scheduled to "hold a hearing on the criteria for removing someone from a ballot" that will question elections officials at 1 p.m. next Monday at the Anchorage Legislative Information Office.

The Petersburg resident has denied an intent to deceive voters. He said he filed as a Republican, despite never being a party member previously, because he was a longtime member of the Alaskan Independent Party that disbanded at the beginning of this year. He also noted he has considered a run for public office for more than a decade and meets all the legal requirements for a U.S. Senate candidate.

"Your office has no legal basis to exclude my name or party affiliation from the ballot," he wrote in a June 10 letter to Lt. Gov. Nancy Dahlstrom, who oversees the elections division.

Complaints against Dan J. Sullivan were filed with the elections division by the National Republican Senatorial Committee and the Alaska Republican Party. They allege he has coordinated with Democratic officials, including candidate Mary Peltola, to deceive voters by filing as a Republican with the same name. The incumbent Sen. Sullivan has expressed similar accusations.

Peltola’s campaign and state Democratic party officials have denied the allegations.

Beecher, in her letter Monday, highlights four reasons for decertifying Dan. J. Sullivan:

• He is registered to vote under the name "Daniel J. Sullivan, Jr.." but filed as a candidate under the name "Dan Sullivan." Beecher also asserts that, in addition to a seeming intent to create voter confusion with that name, "you yourself appeared to be confused when you initially emailed the Division asking to be listed on the ballot as ‘Dan S. Sullivan.’"

• He did not seek to be affiliated with the Republican Party of Alaska until two days before filing his declaration of candidacy.

• Dan J. Sullivan’s campaign website has "a format, color scheme and overall theme similar to the public website for Senator Sullivan’s campaign." The Petersburg resident, in his response to Dahlstrom, states his site features photos of himself and that he looks significantly different than the incumbent, and the website colors are "based on the Alaska flag and differs in multiple significant ways from Senator Sullivan’s."

• A political consultant who helped Dan J. Sullivan launch his campaign — not named by Beecher, but apparently Amber Lee, who has been referenced in other materials related to the dispute — has been a longtime supporter of Democratic candidates, including Peltola. Lee also ran unsuccessfully as a Democrat for the state District 28 House seat in 2018. Dan. J. Sullivan’s response to Dahlstrom states that while Lee is involved in his campaign, "the fact that a political consultant has done prior political consulting is not a legitimate reason for your office to investigate me."

Sen. Sullivan’s office, in a statement Monday, expressed thanks to Dahlstrom and stated “every Alaskan has the right to a free and fair election, free from deception and gamesmanship." The statement refers to Dan. J. Sullivan as "a sham candidate whose primary purpose was to confuse Alaskan voters, treat Alaskans with contempt, and rig the election for Peltola."

Dan. J. Sullivan, in a statement on his website last week after a preliminary declaration he was ineligible was announced by the elections division, asserted "Alaskans have every reason to ask whether this process is being driven by politics rather than by a fair application of the law."

The people of Alaska are fully capable of deciding for themselves who should represent them in Washington," he wrote. "If Senator Sullivan believes he has served Alaska well during his twelve years in office, he should make that case directly to voters. He should not rely on government officials or legal maneuvers to limit who can challenge him."

Reactions to the decision — which received global news coverage — also prompted a wide range of reactions beyond the candidates and entities filing the complaints.

State Sen. Forrest Dunbar, an Anchorage Democrat, stated in a post on his office Facebook page that he is seeking a legal review of the decision because "I have read the final decision letter and on its face the reasoning appears extremely weak."

"I urge folks to set aside their partisan biases and think about the precedent this sets if it is allowed to stand, the authoritarian power we would be handing incumbent administrations to decide who is or is not permitted to run against them or their allies." Dunbar wrote.

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