An attorney representing the Alaska Division of Elections acknowledged to a judge Thursday that the agency could craft a solution so that voters can differentiate between U.S. Sen. Dan Sullivan and a would-be challenger of the same name.
But the challenger is trying to baffle voters into thinking he’s the other guy, attorney Chris Murray argued in court, so it’s not the agency’s job to set voters straight.
“Where the confusion is the goal, your honor, we don't believe the division is under an obligation to try and mitigate it or accommodate it,” said Murray.
The division booted the challenger from the ballot last week, saying his candidacy was not in good faith and compromises ballot neutrality. Elections Director Carol Beecher pointed to his decision to register and run as a Republican, which is the incumbent’s party, and that his campaign website looks similar to Sen. Sullivan’s, as well as his hiring of a consultant who has worked for Democrats.
Petersburg Dan Sullivan filed an appeal in Superior Court. Judge Thomas Matthews heard arguments Thursday, by Zoom.
Sen. Sullivan and the Republican Party have complained vociferously about what they claim is an attempt at trickery. Sullivan claims national Democratic leaders are cheating to benefit Democrat Mary Peltola. The case highlights how crucial the Alaska race is as Republicans try to hold on to their Senate majority.
Peltola’s campaign and the Democratic Party have denied involvement in the candidacy of Petersburg Dan Sullivan.
Some 45 minutes into oral arguments Thursday, the judge zeroed in on a key issue.
“Isn't there a way to effectively distinguish the two Dan Sullivans that we do have here?” Matthews asked.
“So certainly there is, your honor,” Murray said. “I don't want to pretend that there isn't.”
If it had two sincere candidates of the same name, the division would find a way to identify them differently and the challenger would welcome it, Murray said.
“What do genuine political candidates do? They try to distinguish themselves. They try to find any way to draw contrasts between themselves and the people that they are challenging,” Murray said. “Why? Because they want to get votes, right? They want to get enough votes to beat that person.”
State law prohibits the Division of Election from using titles or honorifics, so the incumbent can’t be listed as “senator” on the ballot, and it’s not clear that the label “incumbent” is legal either.
The Petersburg Sullivan’s attorney, Jeffrey Robinson, said the state has no authority to pass judgment on a candidate’s motives and then use it to exclude him from the race. He argued that state regulations already contain a solution: Use middle initials. The senator is Dan S. Sullivan. The Petersburg man is Dan J. Sullivan. Then, Robinson said, it’s up to Sen. Sullivan’s campaign to publicize the distinction, if it’s concerned that voters need more information.
“‘Dan S. Sullivan — S for senator.’ Or ‘No on J,’ Robinson said. “I mean, there are a million different ways that his strategy team can run their campaign to educate Alaska voters which candidate to choose for.”
Murray, a partner in a Colorado firm that takes on conservative and Republican causes, said the Division of Elections believes using middle initials is not a sufficient way to distinguish the two. He did not say why.
The hearing did not address an intriguing bit of evidence the Division of Elections cited to back up its finding that the challenger’s intention is to confuse: The Petersburg Sullivan at one point falsely said his middle initial was S.
It came after the retired teacher filed to run as “Dan Sullivan.” Beecher, the Division director, emailed him, asking how he wanted to appear on the ballot to prevent voter confusion.
The challenger responded June 8 with an email that reads: “Hi Carol, Dan S. Sullivan. I also want to confirm that you received the response letter. Thank you, Dan.”
Dan J. Sullivan told Alaska Public Media by text that it was a typo “and not mine.”
Judge Matthews said he’d issue a decision by Friday evening so that the losing side can file an appeal in Alaska Supreme Court on Monday. Time is tight. The Division of Elections says it has to begin printing ballots on Tuesday at noon.
