The Justice Department has launched an unusual legal challenge involving Alaska’s closely watched Senate race, asking a federal court to delay certification under specific circumstances if Republican Sen. Dan Sullivan loses and votes cast for another candidate with nearly the same name could have affected the outcome.
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The lawsuit, filed Thursday in federal court in Alaska, centers on Daniel J. Sullivan Jr., a retired teacher who is running against incumbent Republican Sen. Dan S. Sullivan, Democratic former Rep. Mary Peltola and Gerald Heikes in the November 3 election.
President Donald Trump confirmed Friday that he personally directed the Justice Department to pursue the case, telling reporters, “I’m the one that said do it.”
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Republicans have accused Daniel J. Sullivan of entering the race to confuse voters and divert support from the incumbent senator, while the challenger has denied that he is running as a political plant or coordinating with Democrats.
Alaska election officials initially removed Daniel J. Sullivan from the ballot after concluding his candidacy was intended to confuse or mislead voters, but a state judge reversed that decision and the Alaska Supreme Court allowed him to remain in the race.
The federal lawsuit argues that allowing Alaska to certify an outcome potentially affected by voter confusion could violate the state’s obligation to protect the integrity of its federal election.
The Justice Department is asking the court to intervene if Sen. Sullivan loses and the number of votes received by Daniel J. Sullivan is large enough that assigning those votes to the incumbent would have changed the result after Alaska’s ranked-choice process.
Under that scenario, federal prosecutors want certification delayed while authorities investigate whether voters who selected Daniel J. Sullivan actually intended to support Sen. Sullivan.
The Justice Department cited the National Voter Registration Act, arguing that the federal law’s protections for election integrity provide a basis for federal intervention.
“The Justice Department, consistent with the National Voter Registration Act enacted by Congress, is taking the necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters,” a department spokesperson said.
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The ballot itself distinguishes between the two candidates, listing the challenger as “Sullivan, Daniel J. Jr.” with no party affiliation while identifying the incumbent as “Sullivan, Dan S. (Registered Republican) Incumbent.”
Alaska’s ranked-choice voting system adds another layer to the dispute because voters can rank multiple candidates, with lower-performing contenders eliminated and their ballots transferred to remaining candidates according to voters’ subsequent choices.
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In the August primary, Peltola received 49.5% of the vote, Sen. Sullivan received 41.4% and Daniel J. Sullivan received approximately 2.5%, according to election figures cited in reporting on the lawsuit.
The race has attracted national attention because Republicans currently hold a 53-47 Senate majority, leaving control of the chamber potentially affected by results in Alaska and other competitive states.
Peltola’s campaign sharply criticized the federal lawsuit, calling it a political effort to overturn an election and promising to fight federal interference in Alaska’s voting process.
Sen. Sullivan’s campaign has taken a more restrained approach, saying it would allow the Justice Department complaint to proceed through the courts while expressing confidence that Alaskans can distinguish between the candidates.
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Election-law scholars have questioned whether the Justice Department’s interpretation of the National Voter Registration Act gives it authority to stop certification over the presence of a legally qualified candidate.
Notre Dame election-law professor Derek Muller argued that the statute cited by the government does not authorize the Justice Department to enjoin certification, while other experts have said the federal government may have a legitimate interest if an election is administered unfairly.
Attorney General Todd Blanche said shortly before the lawsuit was filed that the Justice Department does not intend to improperly interfere with state elections or certification procedures, although he acknowledged that extraordinary circumstances could potentially justify federal action.
Trump had raised the issue publicly before the filing, saying Wednesday that his administration was examining “powerful legal options” involving Daniel J. Sullivan’s candidacy.
This article may contain commentary which reflects the author’s opinion.
