Alaska Senate Race Faces Court Fight Over Certification Before Election Day

Federal judge speeds up case as Justice Department cites possible ballot confusion and Democratic challenger seeks dismissal

A federal judge has agreed to speed up a legal challenge to Alaska’s U.S. Senate election, placing a closely watched race under court scrutiny before voters have finished casting their ballots.

The Justice Department is seeking to prevent Alaska from certifying the race if Republican incumbent Dan Sullivan narrowly loses and votes for another candidate with a similar name could have affected the outcome. The department says voters may confuse the senator with Daniel J. Sullivan Jr., a retired schoolteacher from Petersburg who is also on the Nov. 3 ballot.

Democratic challenger Mary Peltola, a former U.S. House member, has asked the court to dismiss the lawsuit. Her lawyers argue that it represents an unlawful federal intervention in an election administered by the state.

U.S. District Judge Sharon Gleason agreed Monday to expedite the case but did not say when she would rule. In an order, she noted that the department filed its lawsuit after Alaskans had begun voting and nearly four months after the Alaska Supreme Court directed election officials to place Daniel J. Sullivan on the ballot.

The outcome of the Senate contest could help determine which party controls the chamber for the second half of President Donald Trump’s term. Republicans hold a narrow majority, and the Alaska race has become more competitive than many observers initially expected.

Attorney General Todd Blanche defended the lawsuit Sunday, saying the department wants to ensure that any result affected by unlawful voter confusion can be addressed through Alaska’s election process and courts. He rejected suggestions that the administration was preparing to overturn an unfavorable election result.

“President Trump is not trying to take over a state election in any way, shape, or form,” Blanche said during a televised interview.

The department filed the case Thursday, citing the National Voter Registration Act and asking that certification be delayed while the government investigates whether votes cast for Daniel J. Sullivan were intended for the senator. The department has not explained how it would determine individual voters’ intentions while preserving the secrecy of their ballots.

Peltola’s lawyers contend that the federal law cited by the department governs voter registration and does not authorize the requested intervention over candidate names or ballot presentation. The American Civil Liberties Union, its Alaska affiliate, the League of Women Voters of Alaska and Common Cause have also sought to join the case.

Two candidates, similar names

Republicans have accused Daniel J. Sullivan of entering the race to divert votes from the incumbent. The retired teacher has said his decision to run was his own and has denied trying to confuse voters or siphon votes from the senator.

Alaska election officials previously sought to remove him from the ballot, saying his candidacy was intended to mislead voters. A state court and the Alaska Supreme Court allowed him to remain. Blanche said the state court’s decision did not address federal law.

The general election ballot distinguishes the candidates: The senator appears as “Dan S. Sullivan,” with labels identifying him as the incumbent and a registered Republican. The other candidate appears as “Daniel J. Sullivan Jr.” with no party label beside his name.

Alaska’s ranked choice system allows voters to rank candidates in order of preference, including both Sullivans. If no candidate receives a majority of active votes in the initial count, the last-place candidate is eliminated and votes for that candidate are redistributed to voters’ next available choices. The process continues until a candidate has a majority.

In the August primary, the senator received more than 68,000 votes, compared with 4,107 for Daniel J. Sullivan.

A dispute over federal authority

Trump said Friday that he personally directed the Justice Department to bring the case. Before the lawsuit was filed, Blanche had described federal involvement in certification as a possible “doomsday” scenario.

During Sunday’s interview, Blanche was pressed about whether the Alaska case could contribute to a repeat of the disputes that followed the 2020 presidential election and the Jan. 6, 2021, attack on the U.S. Capitol. He dismissed the comparison as unreasonable and said the issue was whether Alaska had complied with federal law.

Peltola has characterized the lawsuit as election interference. Her campaign and the Democratic Senatorial Campaign Committee argue that the federal government is attempting to interfere with Alaskans’ choice before the votes have been counted.

The lawsuit has also drawn opposition from Alaska’s other Republican senator, Lisa Murkowski, who supports the incumbent Sullivan’s reelection. Murkowski said the state had already taken steps to distinguish the two candidates and that the Justice Department should not have sued.

A spokesman for the incumbent’s campaign said Alaskans can tell the candidates apart and that the campaign would let the legal case proceed.

The complaint was signed by Associate Attorney General Stanley Woodward, who represented several people accused of participating in the Jan. 6 Capitol attack before joining the department. No court has ordered Alaska to delay certification, and the merits of the government’s request remain unresolved.