The Justice Department sued to block Alaska’s Senate result if Sullivan loses. Democrats call the suit a sham.
The Trump administration has filed a lawsuit that seeks to block Alaska from certifying the result of its U.S. Senate election if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola. The suit argues that a second candidate with the same name on the ballot would taint the result.
The Justice Department filed the suit Thursday in the U.S. District Court for the District of Alaska against the state and its election officials. It cites likely voter confusion over the appearance on the ballot of Daniel J. Sullivan Jr., a retired teacher, alongside the incumbent, Dan S. Sullivan. The department argues that if Peltola wins by fewer votes than were cast for the other Sullivan, the state should be barred from certifying the result. It relies on the National Voter Registration Act, which it says requires states to protect the integrity of federal elections. Stanley Woodward, the department’s third-ranking official, wrote in the filing that Alaska would fail its obligation to protect the integrity of its election if it certified results tainted by the candidate’s inclusion.
Alaska’s Division of Elections, led by Republicans, ruled that Daniel J. Sullivan Jr.’s candidacy was intended to mislead voters and removed him from the ballot. A state court and the Alaska Supreme Court disagreed and ordered him restored. On the ranked-choice ballot, the incumbent is listed as a “registered Republican” and marked “incumbent.” The other Sullivan appears under his full name without a party designation. Trump has regularly complained about the other Sullivan’s presence on the ballot, and he said Friday that he told the Justice Department to file the lawsuit.
A Justice Department spokesperson said the department is acting consistent with the National Voter Registration Act to ensure that a candidacy it called frivolous does not undermine the integrity of Alaska’s election. Attorney General Todd Blanche told reporters Thursday that it is never the department’s intention to improperly interfere with elections or state certification. He left open the possibility of hypothetical scenarios in which the department could block certification.
Devan Barber, executive director of the Democratic Senatorial Campaign Committee, said Trump knows Sullivan will lose and that the Justice Department filed a sham lawsuit to overturn the will of Alaska voters. Critics of the suit say the Constitution gives Alaska, not the Justice Department, authority over who appears on its ballot, how votes are counted and certification of the result. Sullivan did not immediately respond to a request for comment, according to PBS NewsHour. Control of the Senate could come down to Alaska in the Nov. 3 election.
Information for this report was provided by The Hill, CNN, ABC News, PBS NewsHour, Newsweek and CNBC.