WASHINGTON — The Justice Department filed a federal lawsuit against Alaska election officials seeking to block the certification of November’s U.S. Senate race if incumbent Republican Sen. Dan Sullivan loses, officials said Friday.
The legal action centers on the presence of another candidate, Daniel J. Sullivan Jr., on the general election ballot. Justice Department attorneys argued in court filings that the similar names could cause confusion among voters and improperly siphon support away from the sitting senator in his tight race against Democratic nominee Mary Peltola.
President Donald Trump took personal credit for the legal challenge on Friday as he arrived in Florida for a campaign stop. “I’m the one that said do it,” Trump told reporters, calling the second Sullivan’s campaign “a disgrace.”
DOJ targets ballot confusion
In the federal complaint, the Justice Department asked a judge to stop the certification of the outcome if the incumbent loses and if votes cast for the second Sullivan would have tipped the victory to the senator under Alaska’s ranked-choice voting rules. Government lawyers claimed the rival candidacy was intended to mislead the electorate and dilute the incumbent’s vote tally.
The administration pointed to the 1993 National Voter Registration Act, asserting that the federal government can act to protect election integrity. The lawsuit asks for certification to be delayed pending an inquiry into whether votes cast for Daniel J. Sullivan Jr. were meant for the sitting senator.
The ballot lists the incumbent as “Sullivan, Dan S. (Registered Republican) Incumbent,” while the second candidate appears as “Sullivan, Daniel J. Jr.” with no party designation, according to sample ballots included in court filings. In August’s open primary, Peltola captured 49.5 percent of the vote, Sen. Sullivan finished second with 41.4 percent, and Sullivan Jr. secured third place with 2.5 percent, NBC News reported.
Sullivan Jr., a former teacher, has repeatedly rejected allegations that he entered the race as a spoiler. In June, he told The Associated Press that he was not collaborating with anyone and had every legal right to seek office.
State courts and legal pushback
Alaska election administrators had initially sought to disqualify Sullivan Jr. over questions regarding his political affiliation and name usage. However, the Alaska Supreme Court ruled in June that state law provided no grounds to bar him from running, affirming lower court rulings that allowed him on the ballot.
The federal intervention drew sharp condemnation from Peltola and election law specialists. Peltola criticized the lawsuit on social media, characterizing it as an effort by Washington allies to keep the incumbent in power at the expense of local voters.
Her campaign spokesperson, Harry Child, told CBS News that the legal action represented “a despicable political threat to overturn an election.”
Legal scholars and voting rights advocates also questioned the federal government’s legal standing. David Becker, executive director of the Center for Election Innovation & Research, described the lawsuit as an unprecedented move that contradicts standard federal policy so close to an election. Becker noted that election administration and ballot qualification remain matters of state law that have already been settled by Alaska’s highest court.
Alaska’s Division of Elections said in a statement that it is reviewing the federal complaint while remaining focused on administering the ongoing election and preventing voter confusion through official informational guides.
It remains unclear how quickly the federal court will rule on the Justice Department’s request with Election Day less than two weeks away.
