By SUZANNE DOWNING
June 27, 2026 – Friday’s Superior Court ruling in the Decoy Dan Sullivan case is remarkable not because of what it says about one scammy candidate, but because of what it says about the limits of Alaska’s election laws.
Judge Thomas Matthews concluded that the Division of Elections exceeded its legal authority when it removed Decoy Daniel J. Sullivan from the Republican US Senate primary ballot. According to the ruling, the Division relied on an unwritten “good faith” standard that does not appear in the Alaska Constitution, state statutes governing elections, or the Division’s own regulations.
The conclusion is striking. The judge wrote that the Division’s decision “was based upon a new, previously unstated, ‘good-faith’ criteria” rather than existing law. He further concluded that the Division had not shown by a preponderance of the evidence that Sullivan intended to confuse or mislead voters.
In other words, the court did not conclude that Daniel J. Sullivan’s candidacy could not confuse voters. It concluded that the Division lacked the legal authority to keep him off the ballot based on its assessment of his motives.
Many Alaskans looking at this case see obvious facts. Decoy Dan attempted to file using “Dan S. Sullivan,” even though his own middle initial is J, while the incumbent senator’s middle initial is S. The attempt to fool even the Division of Elections is plenty of evidence that the candidacy is designed to create voter confusion.
The court essentially responded that common sense is not enough if the Legislature has not given the Division the authority to act on it.
Now the case heads to the Alaska Supreme Court, with election deadlines rapidly approaching. Overseas and military ballots must be prepared soon, leaving little time for appellate review. The deadline is Tuesday.
Whatever the Supreme Court ultimately decides, this case has exposed weaknesses in Alaska’s election framework that Democrats will continue to exploit as they attempt to flip the state. Next, we will see political operatives changing their names and running against incumbents. And according to this judge, the Division of Elections doesn’t even have the authority to make it clear to voters which candidate is which.
This case illustrates the flaws in the jungle primary and ranked-choice voting scam that voters were convinced to approve in 2020. Under the regular voting system that allows party primaries, this type of shenanigan would be a lot harder to pull off. The Decoy Dan vs. Alaskans situation will be Exhibit A for why Alaskans should vote yes on Ballot Measure 2 this November, and go back to the regular voting structure. Even so, the damage done by RCV to Alaska’s reputation and voting integrity is going to take years to undo.
The Alaska Supreme Court will soon have the final word. I’m not a betting type, but I know how this will end. Decoy Dan, with his intent to elect Mary Peltola, will at least be on the primary ballot. The Democrats will do their work to try to get him to the November ballot, knowing that voter participation in Alaska’s primaries is historically low. In 2024, just 109,000 Alaskan voters participated in the August primary, a turnout of about 18%. And that was in a presidential election year.
Regardless of the outcome, this case will become one of the defining election-law precedents in Alaska’s ranked-choice voting era. Decoy Dan will make history, one way or another.
Suzanne Downing is founder and editor of The Alaska Story and is a longtime Alaskan.
20 thoughts on “Suzanne Downing: Judge Matthews did the predictable thing, but not the commonsense thing”
“The Alaska Division of Elections exceeded it’s authority” when ruling that Daniel Sullivan’s candidacy was a bad faith effort to confuse the voters? Isn’t that why we have a Division of Elections? The experts in election law made the proper decision……….until some corrupt
Democrat judge took his activism to a unreasoned, partisan decision. And it takes no real logic to see why this judge ruled the way he did. How much did this judge stick in his pocket from the Mary Peltola campaign?
It’s patently absurd to claim the Division of Elections doesn’t not have the authority granted to it by the state legislature via Article I Section 4 of the US Constitution. Judge Thomas Matthews simply glosses over the fact that across this nation SCOTUS has repeatedly reaffirmed that states are entrusted with writing laws and rules concerning public notices, voter registration, voter protection, prevention of fraud and corrupt practices, vote counting, and determination of election results. The Division of Elections is not a rubber stamp for anyone and everyone who wants access to the ballot that meet the basic minimum requirements of age, citizenship, and residency.
DOE did not challenge the Daniel J. Sullivan Jr. candidacy based upon his age, his US Citizenship status, or his Alaskan residency. Those who lodged petitions with DOE did not challenge the Daniel J. Sullivan Jr. candidacy based upon his age, his US Citizenship status, or his Alaskan residency. Yet numerous pages in the opinion Judge Thomas Matthews issued were devoted to discussing something that is not in dispute by anyone.
This attempt to try and limit the authority of the Constitutionally appointed overseer of one of the most basic tenets of our republic is fundamentally wrong, it is an overreach on the part of Judge Thomas Matthews.
With this judge ruling in favor of a clown act, it will be hard to keep a straight face in any Alaska Superior Court hereafter. Judge Matthews just made Alaska a judicial laughingstock.
Mathew’s ruling that there “wasn’t enough evidence” to show that fake Sullivan didn’t file in good faith is a remarkable thing coming from a trial level judge. His view of relevant evidence and rule of law is clearly erroneous. How Mathews made it to Superior Court judge is the real issue. The Judicial Council knows no bounds in placing uneducated Marxists on the bench.
Well expressed RonD. What’s your law credentials?
The Declaration of Independence says ”all men are created equal” and disqualification of a person running for national public office based on his or her name is not legal and has the right to participate in elections with their real name as well as some other legal requirements. The judge was correct and did not legislate from the Bench.
Remedy; State division of elections can require that all state ballots must place in front of and or just after the name Dan S Sullivan with the word Incumbent for the reason to not confuse the voters which is which. The division should also make it clear in the election pamphlets the reason for the addendum clarifying that the incumbent serving as Dan S Sullivan is not the same person as challenger Dan J Sullivan.
Boomer, that’s what you want to believe.
Your hope in Alaska’s courts doesn’t match reality.
Why, then, did Decoy Dan try to register with someone else’s middle initial? He did not register under his own name, and therefore, it is fraud. I should think fraud would mean he was disqualified, but if that floats your boat…
What was Decoy’s original name? He should have to run under his birth name I would think.
This judge opened the door and turned the floodgates open for future chicanery and fraud in Alaska Elections. His ruling will be the foundation for future Democrat mischief. Such a ridiculous ruling, that it begs the question: How much did this judge get paid off? Corruption knows no bounds by crooked Democrats in black robes.
Oh well..
I guess what we need do now is assure that folks remember their middle initials come the election.
Decoy Dan’s good but I suspect well be better off reminding folks that no, they don’t want to vote for Dan J. (Jackass) Sullivan,
vote instead for DAN S. (Semper fidelis) SULLIVAN!
This one is for the US Supreme Court to pick it apart
It’s a case too complicated for our kangeroo court appointed leaders
You can bet if the AKGOP could play this dirty, and it was their candidate attempting to fool voters, this AkDemocrat appointed court leaders will rule to keep him off the ballot
Alaska court system are such a joke of justice, the judge didn’t even give it time of deliberation and thought. But immediately rushed to a verdict
One reason Alaska needs to put Sen Mike Shower in the LT. Governor’s office who oversees the Div of Elections, the only Alaskan who’s demonstrated he cares the most about Alaska’s elections even having long Facebook Live videos just on Elections. There is no Alaskan better suited for Lt Governor office than him
Any women out there willing to late file their name change to …….Mary Peltola?
A write-in candidacy would fly. Ask Lisa Murkowski.
Next time, some trans woman candidate should file as Lisa Murkowski
Does our present Senator have the time to change his middle name to “Incumbent?”
“And according to this judge, the Division of Elections doesn’t even have the authority to make it clear to voters which candidate is which.”
-SD
Lie.
The judge didn’t suggest that at all.
Elections can still print their names using their different middle initials and incumbency.
– Dan S. Sullivan, Incumbent
– Dan J, Sullivan
Do those confuse SD’s readers?
An internet search for “ghost candidates” brings up brings up similar stories that happened in other states, mostly Florida, going back at least as far as 2020. In Florida the tactic has been used by Republicans with success in at least one race. This is the first case of Democrats using it that I am aware of. It’s a cynical ploy regardless of who does it. That said I doubt that it will make any real difference in the primary. The state can easily remedy this by putting “incumbent” behind the senator’s name and call it a day. If this is the most offensive thing that happens in this election cycle we’ll be lucky. And I don’t think we’re lucky.
Why are dIMOCRAPS so up in arms about Decoy Dan being on the ballot? After all he is just a Republican, right?
Can you spell PELATOLA?
The DIMS know it, the judge knows it, Decoy Dan knows it. Pelatola knows it.
As SD said, the ruling is not at all surprising. The Alaska Bar Association-owned (and therefore democrat-owned) judge did exactly what was expected. What is a bit puzzling is why democrats would go to such lengths to demonstrate so blatantly to everyone that they poured millions of dollars from outside Alaska into pushing RCV specifically, and unquestionably for the purpose of cheating in our elections. They are apparently really proud to be known as liars, cheaters, fakes. They are actually proud of their dishonesty.
Of course, this judge knows very well that the typical Alaskan voter memory-span is extremely short. His term expiration is 2029. The repeal of RCV is our only hope of returning sanity to our currently flawed voting system in this state.