JUNEAU, Alaska — A man with the same name and party affiliation as Alaska Republican U.S. Sen. Dan Sullivan is eligible to challenge the senator in the August primary, a judge ruled Friday.
Superior Court Judge Thomas Matthews’ ruling overturns a June 15 decision by Division of Elections Director Carol Beecher to disqualify the challenger and keep him off the primary ballot. Matthews’ ruling can be appealed to the state Supreme Court.
Attorneys for the state have said Tuesday is the deadline for a final ruling so that ballots for the Aug. 18 primary can be printed.
The judge ruled that the Division of Elections decision to exclude Dan J. Sullivan because his candidacy was not “in good faith” was not based on the Constitution, Alaska law or the division’s own regulations. The retired teacher from the small fishing community of Petersburg filed to challenge the incumbent.
“Instead, the decision was based upon a new, previously unstated, ‘good faith’ criteria,” the judge wrote.
Attorneys for the state did not immediately respond to requests for comment on Friday’s ruling. Jeffrey Robinson, Dan J. Sullivan’s attorney, said in an email he expects the division to appeal the ruling and couldn’t comment until the Alaska Supreme Court rules on the case.
The controversy over the two Dan Sullivans has underscored the stakes involved in the incumbent’s reelection campaign. The Alaska race is one of about half a dozen U.S. Senate races expected to be highly competitive in the fall, and the seat is one Democrats are trying to flip in their efforts to regain the majority.
The senator and allies, including the National Republican Senatorial Committee, have condemned the challenger’s efforts to join the race, arguing his presence could confuse voters. Under Alaska’s election system, the top four candidates from the primary, regardless of party, move on to the ranked-choice November general election.
The senator has accused the challenger Sullivan of working with Democrats and the campaign of Democratic former U.S. Rep. Mary Peltola — who is considered the senator’s main opponent — to cause confusion and boost Peltola’s chances. Peltola’s campaign and state Democrats have denied the allegation, as has the challenger.
Sen. Sullivan and Peltola are the highest-profile candidates in the crowded race and the only ones to report raising any money.
Beecher has said she determined the challenger Sullivan is not eligible to run because his candidacy was not filed in good faith and instead was done with an intent to confuse voters. She said he had registered to vote as Daniel J. Sullivan Jr. and, in conjunction with his candidacy, changed his party affiliation to Republican.
She also cited similarities between his campaign website and the senator’s, and his work with a consultant whose clients have included some Democrats. She did not mention finding any evidence of alleged coordination.
In arguing to keep the challenger disqualified, attorneys for the state disputed suggestions that the ballot could be designed in a way to reduce voter confusion over two candidates with the same name and party running for the same office.
“The Constitution does not require States to place a sham candidate on the ballot and then attempt to mitigate the damage through design choices,” Rachel Witty, an attorney with the Alaska Department of Law, and outside attorneys Christopher Murray and Michael Francisco wrote in court filings.
Attorneys for the challenger Sullivan argued that the Constitution lays out three exclusive qualifications for the Senate — age, citizenship and residency. They said Beecher lacked the legal authority to boot their client off the ballot.
The challenger Sullivan has said that sharing a name and party affiliation with the incumbent gave him “an instant megaphone.” But the 69-year-old retired teacher and former U.S. Forest Service employee said he had considered a run for some time and had grown frustrated with the senator.
He initially was certified on the state’s candidate list as Dan J. Sullivan, with the senator listed as Dan S. Sullivan and identified as the incumbent.
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.
With former Biden Cabinet secretary Xavier Becerra surging in recent polls, the two candidates battling to win the second spot in this week’s primary and advance to the November election highlighted the strategic reasons why they believe voters ought to support them.
Republican Steve Hilton — a former conservative commentator who rocketed past his main GOP rival, Riverside County Sheriff Chad Bianco, after President Trump endorsed him in April — urged voters to back him to avoid the possibility of two Democrats facing off in November.
“I want us to fight like we are third. We aren’t going to let this slip away,” Hilton told a few hundred people at the Santa Monica Hilton Hotel & Suites on Sunday morning.
Steve Hilton surged ahead of his GOP rival, Riverside County Sheriff Chad Bianco, after receiving an endorsement from the president.
(Kayla Bartkowski/Los Angeles Times)
The former British political strategist once led the polls, but has slipped slightly behind Becerra. Not too far behind Hilton is billionaire hedge fund founder turned climate change activist Tom Steyer, a Democrat.
During his hour and a half appearance, Hilton veered between his oft-repeated criticisms about 16 years of Democrat-led rule in California to jabs at the top Democrats in the race.
Steyer’s nonstop advertising blitz is “one reason alone to defeat him,” while Becerra is the “living embodiment of more of the same.”
“Our secret weapon? The Democrat candidates,” Hilton said to chuckles.
Asked why voters shouldn’t back Bianco, Hilton said it was simple math. Only the first- and second-place finishers in the June 2 primary will advance to the general election, regardless of party affiliation.
“Every vote for Chad Bianco is a vote for two Democrats in the top two,” he said.
If a GOP gubernatorial candidate fails to make the November ballot, it would depress the Republican vote, harming the party’s down-ballot candidates, as well as handicap a Republican-led ballot initiative that would require voters to show government-issued ID to cast ballots.
California gubernatorial candidate Tom Steyer takes a picture with a volunteer during a Get Out the Vote rally at Los Angeles Trade Technical College on Sunday.
(Eric Thayer/Los Angeles Times)
Steyer, who has spent a record-breaking $216 million of his wealth on his gubernatorial bid, argued that he is the only candidate in the race who is not beholden to special interests. He hammered Becerra for the support he has received from corporations including Meta, Airbnb, Uber and Chevron. Steyer argued that Becerra, if elected governor, would be more responsive to special interests than financially strapped Californians.
“We’ve seen it in this race. Chevron cuts you a check and you look the other way when they hike prices at the pump. Meta gives you money and your AI plan starts sounding like ChatGPT,” Steyer, sporting a ball cap labeling himself a “class traitor,” told more than 500 supporters at a community college near downtown Los Angeles on Sunday afternoon. “That’s the story of Xavier Becerra.”
Corporations, along with labor unions and interest groups including the California Assn. of Realtors, have spent more than $18.7 million to boost Becerra as of Sunday, according to the election spending tracker California Target Book.
“These companies may be selfish, but they’re not stupid. They don’t give hundreds of thousands of dollars to get someone elected unless they know he’s going to be on their side,” Steyer said.
Though Steyer earned his fortune in part through past investments in private prisons, fossil fuels and private equity, his supporters described him as a reformed billionaire who stepped away from those industries more than a decade ago.
Francesca Fiorentini, a comedian and podcaster, compared Steyer to Charles Dickens’ fictional miser Ebenezer Scrooge.
“At the end of ‘A Christmas Carol,’ nobody turns to Ebenezer and is like, ‘No, I’m not gonna accept your gifts.’ No, they welcome him. They might clown him a little bit, but we need to welcome someone like Tom Steyer,” Fiorentini said. “Tom Steyer is actually listening, he actually cares, he’s actually changing his belief system and he’s acting accordingly.”
Though he mainly went after Becerra, Steyer also made sure to criticize Hilton.
“You are not voting for who’s on the ballot, you’re voting for the California that comes after,” Steyer said. “The California that Steve Hilton is running on sounds exactly like what Trump wants: higher prices, lower wages, and less freedom.”
His campaign underscored his attacks against Becerra by having a handful of supporters dressed as zombies speak outside of Becerra’s Sunday evening rally in Long Beach. Waving signs naming businesses that have supported Becerra, they wore lanyards describing “Big Oil,” “Big Tech” and other corporate sectors as Becerra’s “bestie.”
At a raucous rally, elected officials, labor leaders and reproductive rights advocates were among the speakers who introduced Becerra, who attacked Steyer and Hilton, though not by name.
“We are not going to let a billionaire or Trump’s handpicked candidate take over this state,” he told more than 1,000 people at the city’s convention center. “We are not going to let them gut Medicaid while Californians work hard to build a future. We are not going to let them buy an election…. Not here, not in this state, not on our watch.”
Becerra seemed in awe as he stood in front of the packed room.
“Look around this room. One of our opponents has a billion dollars in a checkbook,” he said. “We have something better… We don’t have the money, but we have the movement. We don’t have the money, but we’ve got the momentum. And in this state, if you’ve got the momentum, you run across the finish line, and you win, baby, you win.”
Becerra also released a new video that ostensibly attacks Hilton as “Trump’s favorite” — a thinly veiled effort to prop up Hilton among Republicans to ensure he finished ahead of Steyer in the primary. Given that Democratic voters outnumber Republicans by almost 2 to 1, Becerra would much rather face Hilton than Steyer in the general election.
Newsom’s campaign employed this strategy to boost GOP businessman John Cox in the 2018 gubernatorial election, as did then-Rep. Adam Schiff against Republican Steve Garvey in Schiff’s successful 2024 U.S. Senate race.
Billionaire Tom Steyer has argued that he is the only candidate not beholden to special interests.
(Eric Thayer/Los Angeles Times)
Steyer launched an ad this weekend titled “Risky” that implies Becerra could face criminal charges related to the acts of two former advisors who have plead guilty to federal charges related to stealing campaign funds from a dormant Becerra campaign account.
Becerra’s campaign called the ad defamatory in a cease and desist letter sent to the Steyer campaign on Saturday.
Becerra, Hilton and Steyer, the front-runners in the race, barnstormed the state in the final days before the June 2 primary. They devoted much of their attention to voters in Southern California, which is home to many of the state’s 23.2 million registered voters. Lower-polling candidates also stumped in the Southland — San José Mayor Matt Mahan greeted diners at Grand Central Market in downtown Los Angeles, and former Orange County Rep. Katie Porter kicked off a union canvassing event in Orange on Saturday.
Unlike recent contests to lead the nation’s most populous state, this year’s gubernatorial contest failed to energize the electorate. Despite a crowded field of candidates with notable resumes, as well as record-breaking spending by Steyer and independent-expenditure committees. Californians only recently tuned in.
Political experts of both parties believe voters malaise was due to fatigue about the nation’s political polarization, as well as Trump administration policies such as federal tariffs that drove up prices everywhere and some that disproportionately affected California, such as immigration raids. Southern Californians were also reeling from the devastating wildfires in the Pacific Palisades and Altadena and last year’s special election to redraw the state’s congressional boundaries.
Earlier this year, Democratic leaders worried that their voters would splinter among their candidates, creating a scenario where two Republicans advanced to the general election. They controversially urged their party’s candidates to assess their viability, effectively urging several low-polling candidates to drop out of the race.
Democratic turnout also prompted concerns. As of May 22, mail ballots returned by Democrats were 9.2% lower compared with the 2022 gubernatorial primary, while ballots returned by Republicans were 11.6% higher, according to Political Data Intelligence. But the return rates are shifting — as of Friday, Democrats were 7% behind their 2022 return rate, while Republicans were 6.8% higher.
The most recent polls suggest that the prospect of two Republicans advancing to the general election is nonexistent, and there is now a slim chance that two Democrats win the top two spots in the June 2 primary.