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DOJ Sues to Block Alaska Senate Certification if GOP’s Dan Sullivan Loses

The lawsuit seeks to invalidate results if incumbent Sen. Dan Sullivan trails challenger Mary Peltola due to votes cast for a look-alike candidate.

⚡ The Bottom Line

The DOJ’s intervention raises significant questions about the scope of federal authority over state-run elections. Attorney General Todd Blanche stated earlier that it is "not DOJ’s intention to, and it’s never our intention to, improperly interfere with elections," though he acknowledged a potential "doomsday" scenario for involvement. The Alaska Division of Elections said it is reviewing the ...

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The Justice Department has filed a lawsuit against Alaska election officials seeking to block the certification of the November U.S. Senate election unless incumbent Republican Senator Dan Sullivan wins. The suit, filed in federal court, argues that the presence of Daniel J. Sullivan Jr. on the ballot creates voter confusion that could unfairly impact the outcome. The action comes less than two weeks before Election Day and was explicitly directed by President Donald Trump.

What the Right Is Saying

President Trump took credit for directing the lawsuit, telling reporters, "I’m the one that said do it." Trump characterized Daniel J. Sullivan Jr.’s candidacy as "a disgrace" and stated in a social media video that it constitutes "cheating."

Trump argued that Sullivan Jr. is a "spoiler candidate" placed on the ballot by Democrats to confuse voters. "It’s cheating. It’s a spoiler candidate to go on the ballot with the exact same name as your great Senator Dan Sullivan," Trump said. "He knew nothing about politics. He was just put there by the Democrats to confuse the voter, and it’s very unfair. But that’s what they do. They cheat. They lie. They steal."

In the federal filing, Associate Attorney General Stanley Woodward stated the action was brought "to protect the integrity of the 2026 Senate election in Alaska." The DOJ argues that "some supporters of Senator Sullivan likely will inadvertently vote for Daniel J. Sullivan," creating a risk of voter confusion that warrants judicial intervention.

A DOJ spokesperson stated that Sullivan Jr.’s "candidacy was intended to mislead voters and compromise the fairness of the ballot." The spokesperson cited the National Voter Registration Act as the basis for taking "necessary steps" to ensure the "frivolous candidacy" does not undermine the will of voters.

What the Left Is Saying

Democratic nominee Mary Peltola criticized the lawsuit as an abuse of power by the Trump administration. In a post on X, Peltola stated, "This is the corruption AK is fed up with," arguing that Senator Sullivan is "using his DC allies to try to keep himself in power and put his own interests ahead of Alaskans."

David Becker, executive director of the Center for Election Innovation & Research, described the legal action as "an unprecedented intervention by the federal government" in state elections. Becker asserted that certification is "purely a matter of state law" and that the administration has "absolutely no authority to tell Alaska when or how to certify the results of its Senate election."

Justin Levitt, a former Justice Department official during the Obama administration and NBC News contributor, noted that there is no existing law allowing the DOJ to challenge ballots or delay certification. He emphasized that U.S. elections are run by state and local officials, who are charged with certifying results.

Sullivan Jr., the candidate at the center of the dispute, has maintained that his candidacy is legitimate. "I have every right to run for whatever office I’m qualified for," Sullivan Jr. said in June, adding that he is "doing what most Americans would think would be a patriotic thing to do when you’re unsatisfied with the status quo."

What the Numbers Show

In the August all-party primary, Mary Peltola received 49.5% of the vote, Senator Dan Sullivan received 41.4%, and Daniel J. Sullivan Jr. received 2.5%. Sullivan Jr. finished in third place.

The DOJ’s lawsuit seeks a court order blocking certification if Senator Sullivan loses, provided that had all votes cast for Daniel J. Sullivan been cast for Senator Sullivan instead, and Alaska’s ranked-choice process had played out accordingly, Senator Sullivan would have won.

Sullivan Jr. was initially removed from the ballot in June after Alaska election officials found his candidacy was not in "good faith." Officials cited his use of the name "Dan" instead of "Daniel" and his affiliation with the Republican Party, despite records showing he had not previously been affiliated with the party in Alaska. Alaska courts subsequently ruled he could remain on the ballot.

The November ballot differentiates the two candidates by listing "Dan S. Sullivan" as a "registered Republican" and "incumbent," while listing "Daniel J. Sullivan Jr." with no party affiliation.

The Bottom Line

The DOJ’s intervention raises significant questions about the scope of federal authority over state-run elections. Attorney General Todd Blanche stated earlier that it is "not DOJ’s intention to, and it’s never our intention to, improperly interfere with elections," though he acknowledged a potential "doomsday" scenario for involvement.

The Alaska Division of Elections said it is reviewing the complaint and remains "focused on running the ongoing election and giving voter’s confidence that their votes will count." The department noted its efforts to assist voters in avoiding confusion through official pamphlets and poll worker guidance.

Senator Sullivan’s office and campaign did not immediately respond to requests for comment on the lawsuit. Sullivan Jr. also did not respond to requests for comment. The status of a federal and state investigation into whether Sullivan Jr. is part of a conspiracy to confuse voters, first reported in July, remains unclear.

Sources