By SUZANNE DOWNING
June 27, 2026 – An Anchorage Superior Court judge has reversed the Alaska Division of Elections’ decision to disqualify “Decoy Dan, Daniel J. Sullivan Jr. from the Republican primary ballot for U.S. Senate, ruling that the state relied on a legal standard that does not exist in the US Constitution, Alaska law, or the Division’s own regulations.
The State of Alaska filed an immediate appeal to the Alaska Supreme Court.
In a 32-page order issued Friday, Superior Court Judge Thomas Matthews concluded that while election officials may have had concerns about voter confusion, they lack authority to remove Sullivan from the ballot based on what they described as a lack of “good-faith” candidacy.
“The Division’s application of a ‘good-faith’ test to Mr. Sullivan’s declaration of candidacy is not supported by the US Constitution, Alaska statutes, or the Division’s implementing regulations,” Matthews wrote.
The case stems from Sullivan’s filing for the Republican nomination against incumbent Sen. Dan Sullivan. The Petersburg resident shares the senator’s name and initially requested his ballot name appear simply as “Sullivan, Dan,” prompting complaints from the Alaska Republican Party and the National Republican Senatorial Committee that he was attempting to confuse voters. He has made obvious attempts to make people believe he is the incumbent.
After investigating, the Division of Elections concluded Sullivan was not pursuing an actual campaign for office and determined his filing had not been made in good faith. Lt. Gov. Nancy Dahlstrom subsequently removed him from the ballot.
Matthews, however, ruled that the Division had effectively created a new qualification for federal office.
The judge noted that the US Constitution establishes only three qualifications for election to the US Senate: age, citizenship, and residency. Because Sullivan satisfied those requirements, the state could not impose an additional “good-faith” qualification that neither the Legislature nor the Division had formally adopted.
The opinion relies heavily on US Supreme Court precedent holding that states may not add qualifications for members of Congress beyond those contained in the Constitution.
Matthews also observed that the Division initially accepted and certified Sullivan’s declaration of candidacy before later reversing course.
The court distinguished between determining whether someone is eligible to hold office and regulating how a candidate’s name appears on the ballot. Existing Alaska regulations permit election officials to prevent misleading or confusing ballot names, but Matthews said they do not authorize removing an otherwise qualified federal candidate because officials believe the candidate’s motives are improper.
The judge acknowledged that same-name candidates present legitimate election concerns and suggested Alaska could address sham candidacies through legislation or properly adopted regulations in the future. But, he wrote, agencies cannot enforce standards that have never been enacted.
The ruling rejected the Division’s argument that Sullivan waited too long to appeal, finding that his filing was timely under the expedited election schedule.
The decision is a setback for the Division of Elections and the Alaska Republican Party, which had argued Sullivan’s candidacy was intended solely to mislead voters. The decision by the judge will force the real Sen. Dan Sullivan to now expend enormous campaign cash to educate voters. Meanwhile, Mary Peltola will have an easier path to flipping the seat to Democrat.
Whether Sullivan ultimately appears on the August primary ballot now depends on the Alaska Supreme Court.
The ruling drew an immediate response from the National Republican Senatorial Committee, which has been one of the driving forces behind the challenge to Sullivan’s candidacy.
“Fraud Dan Sullivan is a liberal serial liar who has shown nothing but contempt for Alaskans. Mary Peltola and her Democrat cronies like Amber Lee want to rig this election with a sham candidate because they will never beat Senator Sullivan on his Alaska First record,” said NRSC Regional Press Secretary Nick Puglia.
Throughout the dispute, the NRSC has alleged that Sullivan is a sham candidate whose campaign was designed to confuse Republican voters by sharing the incumbent senator’s name, adopting similar campaign branding, and initially seeking to appear on the ballot under the same name format as Sen. Dan Sullivan. The committee has also pointed to Sullivan’s recent registration as a Republican, his past political history, and the involvement of Democratic strategist Amber Lee in issuing his campaign announcement as evidence that the candidacy was intended to influence the outcome of the race.
This is a developing story. Check back with The Alaska Story for more updates.
39 thoughts on “Judge orders Decoy Dan back on the ballot; ‘good faith’ candidacy not enforceable, he says”
No surprise. It is all over the National News. The Demorats knew the outcome when they petitioned this uber leftest Judge. It is all by design. Division of elections need to clearly state on the ballot Senator Dan Sullivan. But do not say anything about it. Let the Demorats sue and string out the election process.
No, it does NOT depend on what the state supreme court decides. It depends on whether or not the EXECUTIVE believes it should be enforced. But just about every citizen in the U.S. and Alaska believes that court decisions are BINDING. Here is the direct quote from Federalist #78: [The judiciary] “may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” But even beloved Ronald Reagan once said, “Well, my oath of office requires that I enforce all supreme court decisions. Even those I disagree with.” WRONG. And George Bush II, on the McCain-Feingold Act: “It’s probably unconstitutional, but that’s for the supreme court to decide.” IDIOT. Do not expect, of course, Dunleavy to intervene. In the meantime, if the real Dan Sullivan is smart, he will blame, now and often, the Alfred E. Neuman of Alaskan politics for this entire snafu, who smiles stupidly, and has all the integrity of Harold Hill: Peltola.
This. Enough of judicial tyranny. Let them try and enforce it. Good Luck.
Sullivan’s ads seem to be all in on boomer vets and war with a sprinkle of domestic concerns (fentanyl). His team must think there are enough votes among the boomers- clearly signaling he is not running again because he is not expanding his constituency or speaking to concerns that the majority of voters have which are domestic. Regardless I do not know why he doesn’t hammer Peltola with her duplicity and disregard for Alaskan voters with the stunt of decoy Dan. I guess the real Dan is what he is- a neocon and one trick pony. He is likely to lose on this trajectory.
Do you really want to be reelected Dan? Then time for some changes.
You’ve got to be kidding me. A “good faith” standard is applied across the law in every application imaginable. Contracts. Torts. Property. Marriage. Civil Procedure. A good trial judge uses the “good faith” standard to test the veracity of everything. This judge has shown his true colors today. He’s an organ of the Democrat Party and willing to bet his black robe that he can help Mary Peltola beat the real US Senator Dan Sullivan. A Trump hating judge is no stranger in today’s judiciary. But this clown in a robe has just shown how far the judiciary will go to assist the liberal cause. On its face, the State has shown good cause to flesh out the fraud factor in Alaska’s election process. This partisan activist judge has ruled for a low standard in applying common sense. Don’t expect the Supreme Court to examine this case any differently. The high court is under the heavy influence and scrutiny of the Alaska Bar Association and the Alaska Judicial Council. All fierce partisan Democrats. All ready to apply partisan standards in their own judicial lawfare against Republicans, conservatives …….and reason.
“………A “good faith” standard is applied across the law in every application imaginable. Contracts. Torts. Property. Marriage. Civil Procedure. A good trial judge uses the “good faith” standard to test the veracity of everything. This judge has shown his true colors today………”
This. Well written, Chrissy.
Ms. ChrissyB nails it down. What she didn’t say is that all judges were lawyers before they became judges. Democrat lawyers, mostly. They stack the courts with Democrat lawyers by way of the Alaska Judicial Council. And when the Democrats see someone with a conservative viewpoint, they will fight to keep them off of the Judicial Council…..
the body that puts Democrat lawyers on the bench. The entire legal system in Alaska is run on “bad faith” and hyperpartisanship. A very corrupt process that needs to be taken down.
👍👍👍👍👏👏👏👏🙏
Nothing like a lazy judge helping out a liberal town drunk have one last spin at the wheel before the big accident. The best remedy is to put the judge and the bad faith candidate in the same jail cell where they can get to know each other better, since they both seem to have so much in common.
Advice to Alaska Division of Elections:
After US Senator Dan Sullivan’s name on ballot……”Incumbent.”
After imposter Daniel Sullivan…….
“Court appointed.”
DITTO !
Double ditto!!
How true.
I triple the DITTO
Best comment of the day!
👍👍
The state of Alaska can appeal to the AkSupreme court so they can take it up to the US Supreme Court
Alaska’s judges don’t much of anything. If they did crime wouldn’t be running rampant on Alaska
The Alaska Supreme Court is all left-wing judges too, starting at the top. Don’t expect anything different. The only hope for truth and reason is on election day.
As a service-disabled veteran, “Ohio Dan” has never represented me in the US Senate. He is a “carpet bagger” and the majority of what Laddie Shaw says about him in his oft-running TV commercials is patently false. Dan Sullivan does not give a damn about fixing the VA so veterans in Alaska who earned various benefits can actually access them. There are so many fixable problems at the Anchorage VA Clinic and its Benefits Department and, although he is well aware of them, Dan Sullivan has decided not to get involved. The guy he hired to address veterans’ concerns is the classic DEI hire (Pete Hegseth would be appalled!).
My message to Dan Sullivan from Ohio is this: Dan Sullivan from Petersburg has the right to appear on the Alaska ballot and if I vote for any Dan Sullivan it will be the one who now resides in Petersburg.
What rot, EB. Is that all you democrats have? Fake Dan Sullivans and fake vets whining about the VA?
Most of the real vets stay as far away from the VA as humanly possible so as to live longer. Something about government-run health care systems.
Spare me the moral outrage, as your vote is already cast for Peltola. Thanks for playing, though. Cheers –
Oh look kids, a democrat!
Be careful to vote for the left one, not the right one……………..
Agree completely. Dan Sullivan only cares about the military-industrial complex and his kickbacks. Psychopath Sullivan wants war in Ukraine, Iran and Israel. Dan fights more for foreign wars then securing domestic elections via the SAVE Act. Where are the mass deportations? Again silence from our senator. Only MARGINABLE better then the deplorable Murky.
There is a silver lining to all things. Hopefully this motivates the voting masses to repeal RCV and demand judicial reform.
The difference in the two parties is the Democrats would not become catatonic if in 2 years the Republicans found another Lisa Murkowski to run for Senate. They would trust their voters to be intelligent enough to differentiate the two candidates. Trump has openly stated he “loves the poorly educated”. Well he sure got them in droves!
Good faith for a democrat? Really? No word from the Judge regarding Amber Lee skipping town to Ireland to avoid being deposed.
Its already started. Passed a nice lady in the grocery store this morning. She was on the phone. She asked “Which Dan Sullivan” about 7 times while I passed. Sounds like the Peltola campaign intends to stir up as much confusion as humanly possible, all aided and abetted by the Alaska Courts. Last time democrats intentionally did this, we ended up with RCV. Should be a fun campaign as we find ways to shove this down Peltola’s throat for the next 4 months. Cheers –
What a load of horse S$%#!!! Now how do we go about gaming the system of ranked choice voting to reverse their ruse? Just vote for one? Or vote Sen Dan Sullivan #1 and decoy Dan as #2? And no 3 or 4 choices?
Surely Republican leaders don’t think Republican voters are stupid.
No, and dont call us Shirley
Depends on the leaders. RINO leaders are as stupid as the idiots who voted for them, and this is equal to the stupidity that dumbo-crats are made of.
Here’s how the ballot should list the Sullivans, presuming Daniel J will be on it….
Fill in the oval for your desired candidate:
⚫️ Dan S. Sullivan (Senator)
🕡 Daniel J. Sullivan (Decoy)
🕡 Evan E. Neuman – Alfred’s cousin (in case the dems include him)
In 1964, Justice Potter Stewart tried to explain “hard-core” pornography, or what is obscene, by saying, “I shall not today attempt further to define the kinds of material I understand to be embraced… [b]ut I know it when I see it …”
In 2026 Anchorage Superior Court judge Thomas Matthews concluded that he has no idea what “good-faith” is. Apparently judge Thomas Matthews wouldn’t know good-faith if he saw it…
“NO FAITH” in our judiciary after this butt-crack ruling. This judge is proof that Alaska’s judiciary is an extension of the Democrat Party.
Peltola goes to bar
Meets Decoy Dan
Hatches plan
Sends Amber Lee to help him
Change party affiliation
Use faulty middle initial
Wait to last minute to file
Design campaign lit to match real
Dan Sullivan ‘s
Peltola long gone
Amber Lee leaves country
Crooked Chicken——— judge plays his
part. This is dIMOCRAPS definition of
Democracy.
……..the Democrats and Decoy Dan stumble across a crooked judge and offer him alcohol for a putrid ruling. Judge says, “no problem. Glad I could help OUR cause.”
A couple things stood out on this opinion that Judge Thomas Matthews has issued.
“The substitution of judgment standard applies two [to] questions of law where no agency expertise is involved.” Judge Thomas Matthews has acknowledged that “The Division of Elections is tasked with administering elections in Alaska and determining whether person are eligible for public office” and therefore they have the aforementioned agency expertise.
He later refuses to acknowledge his own words that the “the reasonable basis standard applies to questions of law involving agency expertise” and “Under the “reasonable basis” standard, the court defers to agency interpretations that involve agency expertise or their own regulations.” He writes that “As noted above, where an agency decision involves a question of law, the standard that applies is the substitution of judgment standard. Determining the qualifications of a candidate for federal office and interpreting the U.S. Constitution are core legal questions within the unique expertise of the judiciary. Consequently, the Superior Court must independently evaluate the legal merits of the Division’s decisions without giving deference to the agency’s legal formulation.”
Yet he simply dismisses the reasonable basis standard and decides he is uniquely qualified and chooses the substitution of judgment standard, since he knows best…after having dismissed the agency expertise of the Department of Elections.
Clearly, Mathews is a non-thinking instrument of the Left and the Democrat Party. This judge does not deserve retention. A bafoon in a black robe.
The campaign against him just started.
A blanket rule that I stick to during elections is to vote against judicial retention. I can think of only once that I voted to retain a judge and it wasn’t very long ago, and I had good reason to vote to retain.
Believe me, Steve-O, the Alaska Bar Association has been preaching to its attorney members about the importance for judicial retention. They wouldn’t do this for a conservative Republican-oriented judge. That’s why they “appoint” the most Marxist attorneys to the Alaska Judicial Council. This is their way to pack the court.
I do the same. It doesn’t change the outcome, but I feel better.
I vote against retention of every judge on the ballot. Always have.
Well now, who didn’t see that coming?
Same judicial system that said murky’s name could be spelled however you want.
The same judicial system that said the unconstitutional RCV could stay on the ballot in 2020.
Corrupt to the core.
Pretty simple. The Alaska Bar Association is unquestionably a hard-left organization. The Alaska Judicial Council unquestionably represents the Bar Association. The Judicial Council must approve all judicial nominees. The governor can send all the non-leftist candidates he wants, but the Judicial Council will approve hard-left nominees ONLY. Every single judicial candidate you see on the ballot has been vetted as a hard leftist by the Judicial Council. For this reason, every conservative, in every election, should find any question on the ballot about retaining judges and automatically vote “no”, every single time. Bob Bird and others are correct, judges decisions are not binding. Good kuck finding anyone in the executive branch with the spine to demonstrate that.