What Happens When 2 Dan Sullivans Run for the Same Senate Seat?
Should it be illegal to run for office against someone with your same name?
This year, Alaska held its primary elections on August 18.
As per a 2020 ballot measure, Alaska primary voters pick among all qualified candidates for a single office, regardless of party affiliation, and the top four then advance to the general election.
In the U.S. Senate primary, Republican incumbent Dan Sullivan won 41 percent of the vote, while former Rep. Mary Peltola, a Democrat, captured nearly 50 percent.
Dan Sullivan was also the distant third-place finisher—but in this case, it was Daniel J. Sullivan Jr., a retired schoolteacher who is also running as a Republican but is not the same person as Daniel S. Sullivan, the junior U.S. senator for the 49th state.
The presence of dual Dan Sullivans is a headache for Republicans, who have fought to keep Daniel J. off the ballot, concerned he would split their votes and cost their candidate his seat.
"Mary Peltola and Chuck Schumer know they can't beat Senator Sullivan on his record, so they're resorting to deceitful political maneuvers that attempt to trick Alaskans and buy a seat," a Republican spokesman told Fox News.
"We are looking into it," President Donald Trump said this week. "It's a disgrace." In fact, NBC News reported in July that the FBI and Department of Justice had launched an investigation "looking for possible wire fraud or a conspiracy to deprive Alaskan voters of a free and fair elections process, which could be a civil rights violation."
In August, the government apparently issued subpoenas, though Daniel J. later said he had not received anything.
But is what he is doing actually illegal? For that matter, should it be?
Carol Beecher, director of the Alaska Division of Elections, barred Daniel J. from the ballot in June after concluding that he was running "with the purpose of confusing or misleading the electorate and compromising the fairness of the ballot."
But a state superior court reversed that decision. "Despite the Division's assertion that Mr. Sullivan may be excluded from the ballot because he lacks 'good-faith,' there is no statute which provides such a criterion," wrote Judge Thomas A. Matthews. "The concept of 'good-faith,' or pure motive, or bona fide intent is simply absent." The Alaska Supreme Court agreed, keeping both Sullivans on the November ballot.
Granted, it seems extremely likely that Republicans are right, and Daniel J. is running specifically to hurt Daniel S.'s prospects.
"Campaign material metadata reveals that Amber Lee, a progressive consultant, authored a press release announcing [Daniel J.'s] Senate bid," WFMD reported in May.
Daniel J. told The New York Times that he was running as a moderate Republican in an attempt to steer the party away from its MAGA wing. But he also admitted that he had voted for the Democrat in the last three presidential races and for Peltola in her races for the U.S. House.
In Beecher's original order keeping Daniel J. off the ballot, she wrote that Daniel J. had asked to be identified as "Dan S. Sullivan" on the ballot, the same name as the senator's. (Alaska reporter Dermot Cole wrote in July that this was not true: Daniel J. wrote "Dan S. Sullivan" in an email to Beecher but followed up hours later to correct it to "Dan J. Sullivan.")
If Daniel J.'s goal truly is to mislead voters, then that is indefensible. But it's not clear that it's illegal, or whether it should be.
"I am not sure exploiting voter confusion about names is any worse than exploiting their ignorance about policy issues like crime, immigration, and health care," wrote George Mason University law professor Ilya Somin. "Trying to prevent such exploitation through criminal and civil liability is likely to violate the First Amendment. In addition, it would likely end up giving incumbent political leaders broad power to curb speech and control electoral campaigns that they cannot be trusted with."
"This is a case about someone running for office with impure motives who is lucky enough to have a name that could confuse some voters," agreed election law expert Richard Hasen. "I don't see how the government could criminalize his running for office for having impure motives. And if it could do so, then it could be a crime every time that the Republican Party backs a Green Party candidate, or Democrats support a MAGA candidate in a primary in the hopes that the candidate would be weaker against a Democrat in the general election. This stuff happens all the time."
But it's entirely possible that Alaska's ranked choice voting system will solve the problem on Election Day.
After the August open primary, the top four candidates compete on a ranked choice ballot, where voters list the candidates in order of preference. If no candidate gets an outright majority, then the lowest performer is eliminated, and every ballot that picked them first is retallied and applied to their second choice.
As long as every Alaskan who wants to vote for Dan Sullivan—either one—lists both Dan Sullivans as their first and second choices, then the system will take care of any confusion. In the (highly likely) event that Daniel J. does not capture a majority on the first ballot, his votes will be retallied and applied to their second choices. The only plausible hiccup is if Peltola, the Democratic candidate, wins a majority in the first round—in which case either Sullivan would have lost anyway.
Of course, Republicans have opposed the ranked choice system since Alaska adopted it. Former Gov. Sarah Palin, who ran against Peltola twice unsuccessfully, said ranked choice was "so weird" that "it results in voter suppression."
In a post last week on Truth Social, Trump called ranked choice voting "Corrupt" and said it "shouldn't be allowed in our Country."
"I just left Alaska, where we have a real bad thing," Trump said Wednesday at a campaign rally in Arizona. "They have the ranked choice voting, where you go into I guess some kind of a test tube or something, and they pick whoever the hell they want. That's another disgrace."
As ever, it's not clear what Trump was talking about. And despite Republicans' complaints, ranked choice voting works quite well: According to the American Bar Association, recent research finds that it "is an improvement over plurality voting with clear benefits in terms of representation, campaign quality, mobilization, and turnout." It also "encourages greater consensus building as well as more civil political campaigns," and voters find it easy to understand.
In the event that a political party finds itself, for example, with two Dan Sullivans on the ballot, ranked choice voting is a perfect solution. If only the party weren't so hostile to it.
