Peltola Asks Federal Judge to Dismiss Justice Department Suit Over Alaska Senate Certification
Mary Peltola's campaign asked a federal judge late Sunday to dismiss the Justice Department lawsuit seeking to block certification of Alaska's Senate results. The filing calls the complaint baseless and describes it as an unlawful federal intrusion into state election administration.
Mary Peltola, the Democratic candidate for United States Senate in Alaska, asked a federal judge to dismiss the Trump administration lawsuit that seeks to block the state from certifying its Senate results if the Republican incumbent loses narrowly. Lawyers for Peltola’s campaign and the Democratic Senatorial Campaign Committee filed the request late on Sunday, according to Reuters.
“DOJ’s complaint is wholly baseless. The fact that DOJ nonetheless chose to file it raises profound constitutional concerns,” the lawyers wrote. They said the lawsuit marked an unlawful attempt by the federal government to intervene in election administration, a responsibility the Constitution assigns to the states.
The Justice Department filed its lawsuit in federal court in Alaska last week. It alleged that voters could be confused because two Republicans on the ballot have almost identical names. Peltola, who previously represented Alaska in the United States House of Representatives, is challenging incumbent Republican Senator Dan S. Sullivan in a tight race.
On the ballot, the senator appears as Dan S. Sullivan, marked as a registered Republican and the incumbent. The other candidate, Daniel J. Sullivan Jr., a retired schoolteacher from Petersburg, appears with no party label. The Alaska Supreme Court permitted Daniel J. Sullivan to appear on the ballot in June, according to Reuters. Senator Lisa Murkowski, Alaska’s other Republican senator, said on social media that the state had already distinguished the candidates and that the department should not have sued, according to NPR.
What the Justice Department argued
Attorney General Todd Blanche defended the lawsuit on CNN’s “State of the Union” program on Sunday. He said the lawsuit was filed to help officials determine whether any voter confusion violated the law.
“President Trump is not trying to take over a state election in any way, shape, or form,” Blanche said.
President Donald Trump said on Friday that he ordered the case. “I’m the one that said do it,” he told reporters in Florida, according to NPR. Blanche said the department’s demand was for Alaska not to certify results if a court found the law had been broken, and that the question would ultimately be settled by Alaska and its courts.
It is not yet known when United States District Judge Sharon Gleason may rule on the case. Peltola’s campaign requested that she dismiss it this week. Reuters reported that election law experts said the lawsuit has no merit and seeks relief not allowed under federal law.
A race that could affect control of the Senate
The Alaska race is one of the contests that could determine control of the Senate in the November 3 midterm elections, with Republicans battling to retain narrow majorities in both chambers of Congress. The Justice Department lawsuit signals the administration’s willingness to contest results after the election, according to Reuters.
In Alaska’s August primary, the senator won more than 68,000 votes, compared with 4,107 votes for the other Sullivan, according to NPR. Alaska’s ranked choice system also allows voters to rank both candidates.
Reporting based on coverage by Reuters and NPR.
