Justice Department Sues to Block Alaska Senate Race Certification if GOP Incumbent Loses
The Justice Department asked a federal judge in Anchorage to hold up certification if Republican Sen. Dan Sullivan loses and votes for another Dan Sullivan on the ballot tipped the result. President Trump said Friday he ordered the suit.
The Justice Department sued on Thursday to preemptively block Alaska from certifying its U.S. Senate race if Republican Sen. Dan S. Sullivan loses by a narrow margin, arguing voters could be confused because two candidates with nearly identical names are on the ballot.
The lawsuit, filed in federal court in Anchorage, targets a third candidate, Dan J. Sullivan Jr., and alleges he is running “with the intention of misleading supporters of Senator Sullivan into voting for him.” It asks a federal judge to block certification of any outcome “that may be impacted by voter confusion” while an investigation determines whether votes cast for Daniel J. Sullivan were meant for the senator. A department spokesperson said the agency is taking “necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters.”
President Donald Trump told reporters on Friday that he directed the department to file the suit. “I’m the one that said do it,” he said.
The department’s role in election administration was already under scrutiny this week after a top department official would not rule out DOJ involvement in midterm election certification.
A name that has already been to court
Dan J. Sullivan, a former U.S. Forest Service worker and elementary school teacher, filed to run on May 29, with a campaign website advertising “Dan Sullivan Challenges Dan Sullivan for US Senate Seat,” according to Reuters. In June, Alaska’s Division of Elections found he had filed with a purpose to confuse voters, but the state Supreme Court ruled he could appear on the ballot. He appears on the ballot with no party designation, while the senator is listed as the Republican incumbent. Dan J. Sullivan has denied in interviews that his aim is to confuse or divert votes from the senator.
The suit does not try to stop the vote itself. It asks for an order afterward that would hold up certification, but only if two things happen: the senator does not win, and the result would have flipped had votes for Daniel J. Sullivan gone to him through the ranked-choice count, according to Alaska News. Early voting began Oct. 19. Four candidates are on the ballot: the senator, Daniel J. Sullivan, Democrat Mary Peltola and Republican Gerald Heikes.
Legal experts call the theory a long shot
Notre Dame election law professor Derek Muller wrote that the suit is “designed to win the press release rather than the litigation,” calling the legal argument “one of the worst ones I’ve ever seen.” David Becker, of the nonpartisan Center for Election Innovation and Research, said the administration “has absolutely no authority to tell Alaska when or how to certify the results of its Senate election,” adding that the issue “has already been fully litigated by Alaska’s courts.”
The race could decide control of the Senate. Incumbent Sen. Dan S. Sullivan is in a close contest with Democrat Mary Peltola, with polls showing Peltola tied or slightly ahead in a state Trump carried by about 14 percentage points in 2024, according to Reuters. Democrats need to net four seats to take the chamber, and the election is Nov. 3.
Reporting based on coverage by Reuters, CNN and USA Today.
