The Trump administration is suing to block certification of the Alaska Senate race if incumbent GOP Sen. Dan Sullivan does not win reelection — but would have won if votes for the other GOP Alaska Senate candidate, Daniel J. Sullivan, were counted for the incumbent.
The government alleges that candidate Daniel J. Sullivan deliberately sought to confuse voters by running with the same ballot name and party affiliation as incumbent senator, potentially diverting votes — and benefiting Democratic challenger former Rep. Mary Peltola.
Sen. Sullivan, Daniel J. Sullivan, Peltola and another Republican, Gerald Heikes, advanced to the general election, which will be decided by ranked-choice voting.
In their court filing Friday, the Justice Department argued that allowing Daniel J. Sullivan to be on the ballot “threatens to mislead Alaskan citizens who want to vote for Senator Sullivan” and said that some of his supporters “likely will inadvertently vote for Daniel J. Sullivan.” The DOJ said that the senator’s other supporters “likely will be confused as to how to rank the three Republican candidates as to defeat Peltola” and “might not rank Senator Sullivan at all.”
In June, the Alaska Supreme Court ruled that Daniel J. Sullivan could remain on the ballot, upholding a ruling from a lower court judge. The courts reversed a decision by the state Division of Elections that he was ineligible because he was allegedly trying to “cause voter confusion.”
But Daniel J. Sullivan’s lawyers argued the state “lacked any basis in Alaska law to exclude Mr. Sullivan from the ballot” and didn’t have the power to look into his “private motivations.” They said that state law doesn’t give officials the power to keep qualified candidates off the ballot due to potential confusion.
The DOJ complaint is now asking the federal court to block certification if Sen. Sullivan loses in November but would have won had the other Sullivan’s votes been counted for him. If that happens, the Justice Department would ask for an investigation.
A Justice Department spokesperson said that the DOJ filed the complaint “to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters.”
The department argues that Daniel J. Sullivan’s candidacy constitutes a violation of the National Voter Registration Act, which was enacted to make the voter registration process more accessible.
Alaska voted to change its election system in 2020, and first implemented ranked choice voting in 2022. Its move away from party primaries was an attempt to curtail polarization. The state has seen unusual election outcomes in the past, notably in 2010, when Sen. Lisa Murkowski won her reelection bid on a write-in campaign, after her defeat in the GOP primary.
