The Department of Justice is taking an unusual step in Alaska’s closely watched Senate race, asking a federal judge to block the certification of election results under certain circumstances if Republican incumbent Sen. Dan S. Sullivan loses to Democrat Mary Peltola.
The lawsuit, filed Thursday, comes less than two weeks before the Nov. 3 midterm elections and centers on another Republican candidate who happens to share the incumbent senator’s name.
Federal officials argue that the presence of Dan J. Sullivan on the ballot could confuse voters and potentially cost the incumbent enough votes to lose the election.
The DOJ wants a judge to prevent Alaska from certifying the results if Peltola defeats Sen. Sullivan by fewer votes than Dan J. Sullivan receives.
The request raises questions about federal involvement in state elections, particularly since Alaska’s courts have already ruled that the second Sullivan can remain on the ballot.
A Tight Senate Race Gets More Complicated
The legal fight comes as Peltola and Sullivan battle in what could be one of the nation's closest Senate contests.
A recent poll conducted by the left-leaning think tank Data for Progress showed Peltola leading Sullivan 49% to 46%, putting the Republican incumbent in a potentially vulnerable position.
Associate Attorney General Stanley E. Woodward Jr., the Justice Department’s third-highest-ranking official, argued in Thursday’s filing that Dan J. Sullivan entered the race specifically to hurt the incumbent.
“The sole purpose of [Dan J. Sullivan’s] candidacy is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan,” Woodward wrote.
He also argued that voters intending to support the incumbent could mistakenly cast their ballots for the other Sullivan, potentially changing the election's outcome.
Trump Calls Candidacy a Scam
President Donald Trump weighed in Wednesday, one day before the lawsuit was filed, accusing the second Sullivan of attempting to interfere with the election.
Trump called the candidacy a “SCAM” and suggested his administration was considering legal action.
“We are looking at powerful legal options to remove the fraudulent Dan J. Sullivan Jr. from the Ballot, and holding the Democrats accountable for their Election Interference, in the pursuit of Justice and Fairness,” Trump wrote.
However, Dan J. Sullivan has denied working with Peltola’s campaign or entering the race to confuse voters.
A retired teacher and former Alaska Independence Party member, he registered as a Republican before filing his candidacy.
Alaska election officials previously attempted to remove him from the ballot in June, citing concerns about voter confusion.
A state court ordered his reinstatement later that month, and the Alaska Supreme Court subsequently upheld that decision.
Election Expert Questions DOJ's Authority
The Justice Department's intervention has drawn criticism from election experts who question whether federal officials have the authority to interfere with Alaska's certification process.
David Becker, executive director and founder of the nonpartisan Center for Election Innovation and Research, told The New York Times he could not recall another instance of the federal government attempting to block election certification before voters even cast their ballots.
“DOJ making this claim this late smells of political interference and is against DOJ policy,” Becker said.
He also argued that Alaska officials have already addressed the ballot dispute through the state's legal system.
Becker expects the courts to reject the lawsuit.
