The Alaska Division of Elections says retired teacher Dan Sullivan of Petersburg is ineligible to run against Republican U.S. Sen. Dan Sullivan.
“Based on a review of the evidence presented and in the Division’s possession, the Division has determined that the preponderance of evidence does not support your eligibility for the office of United States Senator,” Elections Division Director Carol Beecher wrote in a letter to the would-be challenger Wednesday night.
The decision is preliminary and Beecher did not cite specific evidence.
Petersburg Dan Sullivan said Wednesday he’d seek legal advice if the state denies him access to the primary ballot.
“I'm just going to stay the course and I’m assuming this attempt will fail and I’ll be on the ballot,” he said, before receiving the state’s provisional determination.
Sen. Sullivan and the National Republican Senatorial Committee accuse him of aiming to confuse Alaska voters, by filing his candidacy using the same name and party designation as the incumbent.
The controversy adds fireworks to a campaign that has so far been fairly staid. Sen. Sullivan and his main rival, Democrat Mary Peltola, have largely avoided head-on conflicts, while their campaigns amass millions of dollars. Groups supporting one or the other are pledging to spend millions more on the Alaska race, which Democrats see as key to winning back control of the Senate.
The incumbent Sullivan is considered one of the most endangered Republicans in the Senate. A few polls have shown Peltola has the lead and one ratings outfit Thursday declared the race a toss-up, suggesting Sen. Sullivan might have something to worry about if even a small number of Alaska voters can’t tell one Sullivan from another.
Petersburg Sullivan said he’s running because he’s dissatisfied with the incumbent, and that there are many ways to differentiate him from the senator on the ballot, to avoid voter confusion.
“I think he's making a big deal out of nothing,” the challenger said. He should “run on his record, and if people like him, they’ll vote for him. If they like me, they'll vote for me. And let's just try to get back to some normalcy here.”
Sen. Sullivan and the NRSC claim the challenger is not a true Republican. They cite his campaign contributions to Democrats, including Peltola. They also point to his selection of Amber Lee to work on his campaign website. Lee has worked for Democrats and given money to Peltola’s previous campaigns.
Petersburg Sullivan said he can hire whomever he likes and that “political powers from Washington D.C.” don’t get to decide who can be a Republican candidate in Alaska.
The NRSC did not respond to an interview request.
Election-law attorney Scott Kendall, who briefly represented Sen. Sullivan 12 years ago, is sympathetic to the senator’s concern. Kendall, too, suspects the challenger is trying to siphon votes away from the incumbent by confusing voters.
“There is zero question that some number of voters — dozens, hundreds, or thousands — will attempt to vote for Sen. Sullivan and will fail because of this trick,” Kendall said. “And I think that's tragic. I want every vote to count.”
But, he said, it’s “dangerous” for the state to try to determine a candidate’s motives.
“At the end of the day, however fanciful his story sounds, you know, pulling him off the ballot, I think, is an extreme remedy,” Kendall said.
He said the problem could be solved by just labeling one “incumbent,” and adding the candidates’ middle initials.
The state gave the challenger a day to respond to its preliminary conclusion.
“The Division will then issue a final determination, with or without another response from you,” the letter said.
