An Anchorage judge heard oral arguments on Thursday in a case poised to decide whether the Alaska Division of Elections has the authority to remove a candidate with the same name as the incumbent from the race for U.S. Senate.
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The court is expediting the case and a decision is expected Friday. Any appeals are expected to be before the Alaska Supreme Court on Monday, ahead of a looming deadline for the division to print primary ballots no later than noon on Tuesday, June 30.
The division made the unprecedented decision to remove Dan J. Sullivan, a retired teacher from Petersburg, from the ballot on June 15, citing a “preponderance of evidence” the candidate had not filed a “good faith candidacy” and filed with the purpose to “confuse or mislead” voters.
Sullivan appealed that decision, saying he meets all eligibility requirements to run for office. He challenged the state’s decision as unlawful, and requested the court overturn the decision and restore his candidacy on the Alaska ballot for U.S. Senate.
In opening arguments, attorneys for the Division of Elections the decision to disqualify Sullivan from the ballot. They said the state has a duty to protect voters from confusion, and that the state is not obligated to place a candidate on the ballot where evidence shows the candidate is seeking to “compromise the fairness of the ballot.”
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Sullivan was one of sixteen candidates to file to run for one of Alaska’s U.S. Senate seats, challenging Republican incumbent U.S. Sen. Dan Sullivan in the high-stakes election that could determine the control of the U.S. Senate after the November elections. One candidate has withdrawn since then, leaving 14 challengers, including former Democratic U.S. Rep. Mary Peltola. The November election results will determine a candidate for a six-year term.
Critics of Sullivan said he was trying to confuse voters to the benefit of Peltola, the Democratic front-runner. Officials with the Peltola campaign and the Alaska Democratic Party have said they have no affiliation with either Sullivan.
Attorneys representing the Petersburg Sullivan and the Alaska Division of Elections went head to head in livestreamed Superior Court hearing, where over 300 viewers tuned in but others were not able to watch the stream. Officials with the court later apologized calling it a “record-breaking” livestream and posted a recording on their website.
Jeffrey Robinson, representing Sullivan, opened his argument reiterating that Sullivan met all the constitutional requirements to run for office: at least 30 years old, a U.S. citizen, and an inhabitant of Alaska if and when elected.
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