JUNEAU, Alaska — A man with the same name and party affiliation as Alaska Republican U.S. Sen. Dan Sullivan on Monday challenged a decision by a top state elections official to disqualify his candidacy and remove him from the August primary ballot.
A court filing, on behalf of the challenger Sullivan by his attorneys, said the decision by Division of Elections Director Carol Beecher disqualifying him violates state and federal law. It asks that he be placed on the ballot. Sullivan, a retired teacher from the small fishing community of Petersburg, has maintained that he’s a qualified candidate for U.S. Senate and that election officials lacked a legal basis to boot him from the ballot.
The U.S. Constitution lays out three exclusive qualifications for the Senate, addressing age, citizenship and residency, his attorneys wrote.
“Nothing in Alaska law regulates in any way the private motivations that draw individuals to declare or campaign for office,” the filing by attorneys Jeffrey Robinson, Bryn Pallesen and Zoe Eisberg states.
Sullivan’s entrance into the race, days before the June 1 filing deadline, drew condemnation from Sen. Sullivan and the National Republican Senatorial Committee. They called the challenger a sham candidate and alleged he was working with Democrats to boost Democratic former U.S. Rep. Mary Peltola’s chances in the race. Peltola’s campaign and state Democrats have denied the allegation, as has the challenger.
Sen. Sullivan and Peltola are the highest-profile contenders in a race with more than a dozen candidates. It’s one of the most prominent U.S. Senate races in this year’s midterm elections — one both parties consider crucial to their efforts to control the chamber.
Steve Kirch, a spokesperson for the division, said the agency had no comment and does not discuss “ongoing reviews, investigations or related proceedings.” Beecher has previously noted that ballots are due to be printed on Sunday.
Alaska Department of Law spokesperson Sam Curtis said the agency will defend the division’s finding and looked forward to a swift ruling from the court.
On June 15, a week after Republican Lt. Gov. Nancy Dahlstrom announced an investigation into the challenger Sullivan’s run, Beecher disqualified him. She concluded that his declaration of candidacy “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.”
In announcing an investigation, Dahlstrom cited “credible allegations” that Sullivan declared his candidacy “in coordination with another candidate and campaign” with an intent to confuse and “manipulate” voters. But in removing the challenger from the ballot, Beecher did not mention finding any evidence of alleged coordination with Peltola or Democratic Party officials.
The challenger Sullivan, when asked in an interview with the Associated Press earlier this month if he’d had any contact with Peltola’s campaign, responded ”zero, none, zilch.”
Beecher said she based her decision on factors including that he had registered to vote as Daniel J. Sullivan Jr. and in conjunction with his candidacy changed his party affiliation to Republican. She cited similarities between his campaign website and the senator’s, and his work with a consultant whose clients have included some Democrats.
The form congressional candidates in Alaska complete asks them how they would like to be referred to on the ballot and their preferred party affiliation.
Beecher said she acted in line with a regulation that says a candidate’s name may not appear on a ballot with academic or professional titles or “in a manner that is confusing or misleading to voters or compromises the fairness or neutrality of the ballot.”
In response to questions from Democratic state Rep. Andrew Gray, legislative attorney Andrew Dunmire last week said the regulation cited by Beecher does not forbid placing Sullivan’s name on the ballot. He said the elections division could comply with it by designing the ballot in a way that allows voters to distinguish between both Sullivans.
It’s a position echoed by the attorneys for the challenger Sullivan.
The challenger initially had been certified and listed on the state’s candidate list as Dan J. Sullivan. The senator was listed as Dan S. Sullivan and denoted as the incumbent.
Alaska has open primaries in which the top four vote-getters, regardless of party affiliation, advance to the ranked-choice general election.
After winning his first race for Congress in 1992, 34-year-old Xavier Becerra credited a wave of community supporters in Los Angeles, many Latino, for backing his upstart campaign, saying he hoped his win was proof that grassroots politics was more valuable than “heavy dollars.”
More than 30 years later, Becerra, 68, is again an upstart candidate — this time for California governor. Again he is facing monied competition — including from chief Democratic rival Tom Steyer, a self-funded billionaire — and relying on Latino and other grassroots support.
California gubernatorial candidate Xavier Becerra speaks during a campaign event in Los Angeles on April 18.
(Jae C. Hong / Associated Press)
“You are the people power that it takes,” he told a crowd of supporters at a recent “Fighting for the California Dream” town hall in Los Angeles. “California wasn’t built by billionaires. It was built by your families. It was built by our families.”
That Becerra is still fighting in the race — and drawing new people to his events — reflects a remarkable and hard-to-explain turnaround for a campaign that appeared all but dead less than a month ago, then bounded back into contention after Rep. Eric Swalwell dropped from the race and resigned from Congress amid sexual assault allegations.
Before Swalwell’s collapse, Becerra’s biggest splash in the race came in March, when USC excluded him and other low-performing candidates from a planned debate. The criteria left every candidate of color out, and after Becerra and others complained, the forum was canceled.
A California Democratic Party tracking poll, released in early April before the Swalwell scandal broke, showed Becerra near the bottom of the field with 4% support among likely voters. In a party poll taken after it broke, Becerra’s support jumped to 13% — the biggest increase of any candidate.
Certainly some of Swalwell’s supporters shifted to Becerra, but political observers are still pondering why so many did — and not to Steyer, former Orange County Rep. Katie Porter or other Democrats with single-digit support, such as former L.A. Mayor Antonio Villaraigosa or San José Mayor Matt Mahan.
Whatever the answer, Becerra’s surge has sparked fresh interest in his candidacy. It also has raised questions about his time as California attorney general, when he sued the first Trump administration more than 120 times, and U.S. Health and Human Services secretary, when he backed the Biden administration’s strict COVID-19 rules and oversaw the agency’s response to a massive influx of unaccompanied minors at the southern border.
It has also put a growing target on Becerra’s back — including at Wednesday night’s gubernatorial debate, when rivals criticized him as a “D.C. insider” with poorly detailed plans for the state — and sparked hope among many Latinos that California will elect one of them as governor for the first time in state history, sending a strong message of resistance to the intensely anti-immigrant Trump administration.
Of course, Becerra faces hurdles. Steyer, a hedge fund founder who has donated more than $130 million to his own campaign, has been ahead of him in polling, as have two Republicans: Silicon Valley entrepreneur and former Fox News host Steve Hilton, who has President Trump’s endorsement, and Riverside County Sheriff Chad Bianco. Only the top two candidates in the June 2 primary advance to the November election.
Still, Becerra now has a path to victory, one that did not exist even a month ago, and new funding. Many Democratic voters remain undecided, and many — shocked by the Swalwell scandal — are looking for another Democratic front-runner to back.
In an interview with The Times, Becerra said he’s the man for the job, because “California needs a work horse, not a show horse.”
Xavier Becerra, left, gathers with other candidates for Los Angeles mayor in 2000.
(Gary Friedman / Los Angeles Times)
Rising wave of Latino political power
A Sacramento native and the son of a Mexican immigrant mother and a Mexican American father, Becerra graduated from Stanford Law School and served as a deputy to California Atty. Gen. John K. Van de Kamp before being elected in 1990 to the California Assembly.
In 1993, Becerra entered Congress on a rising wave of Latino political power and the heels of a fractious presidential election in which former White House aide Pat Buchanan challenged President George H.W. Bush in the Republican primary on a stridently anti-immigrant, “America First” message — one Trump repurposed in both 2016 and 2024.
It was a defining political moment for Latinos across the country, and for Becerra personally, said Fernando Guerra, founding director of the Center for the Study of Los Angeles at Loyola Marymount University.
“He certainly has been and is part of the incorporation of Latinos into California history and California politics, and it really begins in the early ’90s,” Guerra said. “His rise and political career is really a reflection of the rise and political incorporation of Latinos.”
In 1994, Becerra helped oppose Proposition 187, a state initiative to deny undocumented immigrants access to public education and healthcare. In 1996, he sharply criticized the passage of the Personal Responsibility and Work Opportunity Reconciliation Act, which cut federal benefits for many legal immigrants. By 1997, Becerra — just 39 — was chair of the Congressional Hispanic Caucus and the first Latino member to serve on the powerful House Ways and Means Committee.
By 2016, Becerra, 58, was the highest-ranking Latino in Congress when then-Gov. Jerry Brown tapped him to replace a Senate-bound Kamala Harris as California attorney general. There, Becerra played a key role in defending the Affordable Care Act, known as Obamacare, against Republican attacks.
Then-U.S. Health and Human Services Secretary Xavier Becerra arrives for a hearing to discuss reopening schools during the COVID-19 pandemic in 2021.
(Greg Nash / Associated Press)
Criticism and praise
In a rush of endorsements in recent days, Becerra’s supporters have lauded his executive experience, calling him a “proven leader” who, amid constant threats from the Trump administration, is “ready to fight back on day one.”
Becerra’s critics also have pointed to his leadership record, but to highlight what they contend are glaring failures.
Steyer spokesman Kevin Liao alleged Becerra was “absent, ineffective, or too late” in responding to COVID-19 and other public health crises as health secretary, and that California “cannot afford incompetence, or someone who disappears when things get hard.”
The remarks echoed others made during the pandemic, including by Eric Topol, who is executive vice president of Scripps Research in La Jolla, a professor of translational medicine and a cardiologist. During the pandemic, Topol accused Becerra of being “invisible” in the fight to control it. In a recent interview, he said he still believes that.
Topol said the Biden administration’s COVID response was defined by poor data collection and “infighting” among agencies such as the National Institutes of Health, the Centers for Disease Control and Prevention and the Food and Drug Administration, including on vital issues such as when Americans should receive booster shots and how long they should isolate after infection.
Becerra “basically took a very absent, low profile — didn’t show up, didn’t harmonize the remarkable infighting,” Topol said. “The buck stops with him.”
Dr. David A. Kessler, the Biden administration’s top science official on COVID-19 and now a professor of pediatrics and epidemiology at UC San Francisco, fiercely defended Becerra, crediting him with rolling out some 676 million vaccines and steering the nation out of a wildly unfamiliar health crisis with substantial success — what Kessler called a “historical achievement” that proved government “can do big things.”
Kessler said Becerra rightly assessed that the country needed to hear from medical experts, not politicians, and so deferred at times to the doctors, epidemiologists and vaccinologists he smartly surrounded himself with and trusted — but he was never absent. “He enabled us. He was there. Anything I needed, he helped deliver,” Kessler said.
Becerra said there were a lot of people involved with the COVID-19 fight, including a White House team launched before his confirmation as health secretary. Still, it was his agency that ultimately led the response, and helped bring the pandemic to an end, he said.
“At the end of four years, when we had put some 700 million COVID shots into the arms of Americans and pulled the country and our economy out of the COVID crisis, it was HHS — and I was the secretary of HHS,” he said.
Becerra’s rivals in the governor’s race also have attacked him for how he responded to an influx of unaccompanied immigrant minors during the pandemic. They allege Becerra rushed their release to relatives and other sponsors while ignoring concerns from career health staff that some of those placements weren’t safe — resulting in thousands of kids being lost to the system, forced into child labor or trafficked.
The criticism stems in part from a sweeping New York Times investigation that found the health department couldn’t find some 85,000 children it had released, that Becerra had relaxed screening processes for sponsors and that placement concerns from career health staff went ignored or were silenced.
The investigation by reporter Hannah Dreier found that thousands of the 250,000 or so migrant children who arrived in the U.S. between early 2021 and early 2023 had “ended up in punishing jobs across the country — working overnight in slaughterhouses, replacing roofs, operating machinery in factories — all in violation of child labor laws.”
Atty. Gen. Xavier Becerra holds a news conference in Border Field State Park in San Diego in 2017.
(Francine Orr/ Los Angeles Times)
It found there were many signs of “the explosive growth of this labor force,” and that staff had repeatedly flagged concerns about it in reports that reached Becerra’s desk. It also reported that, during a staff meeting in the summer of 2022, Becerra had pressed staff to move children even more quickly through the process, comparing them to factory parts.
“If Henry Ford had seen this in his plants, he would have never become famous and rich. This is not the way you do an assembly line,” Becerra said, according to a recording of the meeting obtained by the newspaper.
Danni Wang, another Steyer spokesperson, said children “were handed to gang members, traffickers, and abusers because [Becerra] stripped the background checks that had protected them for years.”
Becerra said the controversy is one he has addressed publicly for years, including in multiple congressional hearings. He said his team worked diligently to properly vet sponsors and do right by the thousands of children in their care, despite Congress failing to provide the budget needed to restore a system of licensed care facilities that the first Trump administration had dismantled.
“It was a wreck. They had closed facilities, they had fired the licensed caregivers. And remember, this was during COVID, [when] you didn’t want anyone to be near each other,” he said. “How do you take care of thousands of kids in a center that could house maybe 50 kids?”
He said he led an aggressive push to stand up temporary facilities — including in places like the San Diego Convention Center — while rebuilding the licensed care facilities Trump had dismantled and working to place kids into the community as quickly and safely as possible.
Ron Klain, who served as Biden’s chief of staff for the first two years of the administration, said Becerra helped lead the administration out of the crisis by being “an outspoken advocate” for the children in its care.
“Xavier was very, very insistent in meetings and very outspoken on the risk that some of these people [the kids] were being placed with were not the proper people to place them with, and pushed hard for more rigor in the process,” Klain said.
Becerra also has faced criticism and questions related to the federal indictment of his former chief of staff Sean McCluskie, who pleaded guilty to conspiracy to commit fraud after authorities accused him of stealing some $225,000 from Becerra’s dormant state political campaign account.
Becerra was not implicated in the scandal — which he’s previously described as a “gut punch” — and said he did everything he could to ensure McCluskie and others were held accountable once it came to light, including by providing “testimony and documents” to the FBI and federal prosecutors.
Hilton has said the scandal, which also implicated a former aide to Gov. Gavin Newsom, showed that “corruption has become totally ingrained and systemic” under Democratic rule in California.
Looking ahead
Experts said Becerra’s long resume will help him stand out in a race with less experienced competitors and no household names — and that Californians electing a Latino for the first time, as the Trump administration conducts one of the largest ever deportation campaigns, dismantles immigrant rights and targets people on the street based largely on their looking and sounding Latino, would be a major political moment.
Becerra said his extensive experience should matter to voters, because such experience will be necessary in the pivotal and no doubt chaotic Trump years ahead, when “pizzazz and dazzle” will matter less than steady competence from “someone who’s actually been in the midst of that hurricane” before.
“It helps to have gone through these things. I’ve been there, I’ve done that, and I’ve done it successfully,” he said. “I’ve proven that, whether it was taking on Donald Trump toe to toe as the [attorney general], whether it was getting us out of COVID working closely with the White House to deploy the resources and get that done, we made it happen.”
