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Friday, June 26, 2026

It's Almost 7pm -I Can't Find The Sullivan Decision - [Update - His Name Goes Back On The Ballot]

Yesterday Judge Matthews promised to have his decision completed by 4:30pm today.  From what I can tell (I expected lots of media outlets to be posting what he decided by the time I got back from my bike ride at 5:30pm.  Nada) he seems not to have communicated that decision to the world yet.  Maybe the lawyers have it.  It's not on the list of files on the court's "Most Requested Case Files" 

[UPDATE June 26, 2026 9pm - there are two more items just added to this list:

One is the judge's 32 page decision, explaining everything in detail before concluding:

"In summary, the Division's decision to exclude Mr. Sullivan from the primary ballot because it determined his declaration was not filed "in order to declare an actual good-faith candidacy for the Office of the United States Senator" was not based upon the constitutional requirements of Article l § 3, the Alaska statutes governing elections, or regulations promulgated by the Division.  Instead, the decision was based upon a new, previously unstated, "good-faith" criteria.  In addition, the Director's assertion that Mr. Sullivan seeks to confuse or misguide voters is not supported by a preponderance of evidence.  Instead, the Division accepted at face-value the assertions of the complaint and disregarded Mr. Sullivan's assertions. 

The Final Decision of the Division of Elections is VACATED.  Mr. Dan J. Sullivan is declared to be an eligible candidate for the office of United States Senator.  The Division shall include his name and affiliation with the Republican Party on the ballot for the August 18, 2026, primary election."

There's still 31 and a half pages for the attorney's on both sides to review, and for the State's attorney's to write in their appeal to the Supreme Court.  The clock is ticking to ballot printing deadline.]   

Everything else seems to be there.  You can even listen to the Oral Argument audio recording (second from the bottom.)


This is an important case.  Not just for Alaska, but for the US.  The initial complaint against Daniel J. Sullivan appearing on the ballot was filed by the National Republican Senatorial Committee.  The following two complaints were made by the Alaska Republican Party. The Dunleavy administration has frequently brought in Lower 48 attorneys to argue cases.  I suspect that in addition to trying to protect Republican Senator Sullivan in a close election, this is also a test case for getting unwanted challengers off of ballots around the country.   

For this case he's brought in the law firm of First and Fourteenth (for the Constitutional Amendments, not a street location.)  Chris Murray's bio at his law firm's website says:

"When the case is both controversial and has potentially significant impacts on the public, clients call Chris. His unique combination of experience in commercial and public law matters allows him to advise on and litigate high-stakes issues from emergency actions in elections and political matters to strategic commercial and public litigation involving issues of first impression or novel fact patterns. Chris represents a broad range of clients including businesses, political parties, trade associations, nonprofits, and even individuals in high-profile matters, both in trial and appeals. He advises on and regularly litigates federal and state constitutional issues touching on public policy, in contexts ranging from election recounts to strategic litigation against governments to preparing amicus briefs for appellate courts.

Chris also regularly advises clients on strategy for political participation and compliance with federal and state political disclosure laws."

The Alaska Current gives more on his right wing credentials

So it's probably better for the decision to come late, if it isn't right yet.  Anyone who's had to write something on a deadline, knows the pressure.  In this case, the deadline was one the judge imposed on himself.  

When I hear of a decision I'll add it to this post.   

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