The U.S. Justice Department has initiated a federal lawsuit seeking to block the certification of the Senate race in Alaska, a move that critics and legal experts say signals an unprecedented administration effort to contest the results of the November 3 midterm elections. Filed on October 22, the litigation asks a federal judge to postpone the certification of the election results if the contest between the candidates is close, pending an investigation into potential voter confusion.
The legal battle centers on the presence of two candidates named Dan Sullivan on the ballot: the Republican incumbent, Senator Daniel S. Sullivan, and a challenger, Daniel J. Sullivan, a retired teacher who is running as an unaffiliated candidate. The Justice Department lawsuit alleges that the challenger’s campaign website utilizes a format, color scheme, and overall theme similar to the public website for Senator Sullivan’s campaign, potentially misleading voters. The suit contends that the challenger, who changed his registration between the primary and general elections, is running to confuse the electorate, ultimately aiming to facilitate a victory for Democratic former state Representative Mary Peltola.
President Donald Trump confirmed on October 23 that he personally directed the Justice Department to take this action. During comments to reporters, Trump stated, "I’m the one that said do it," and characterized the challenger’s campaign as "disgraceful," noting that the individual "has nothing to do with politics."
Legal experts have expressed significant alarm regarding the department's intervention. Rick Hasen, a law professor at the University of California, Los Angeles, described the lawsuit as "absurd" and argued that the department has "an exceptionally weak hand." Hasen expressed specific concern that the Justice Department could attempt to seize ballots or voting machines, calling the legal action one of the department's "most desperate and unprofessional assaults on the American election system yet." He further noted that while the Justice Department cited the National Voter Registration Act’s preamble regarding the integrity of the electoral process, the statute "gives no power whatsoever to the federal government to do anything."
Derek Muller, an election law expert at Notre Dame Law School, noted the highly unusual nature of the request, stating, "I’ve never heard of an election where you try to block certification before the election." Other experts pointed out that Alaska’s state Supreme Court had previously ruled that both candidates were eligible to remain on the ballot. Aaron Blacksberg, federal policy counsel at the nonpartisan Institute for Responsive Government, added that because Alaska relies heavily on mail-in voting, many ballots have already been cast, making the timing of the challenge particularly irregular. Blacksberg suggested that the lawsuit is likely an attempt to "lay some groundwork early to point back to later."
Political reactions to the lawsuit have been sharply divided along party lines. Former Missouri Senator Claire McCaskill, a Democrat, criticized the DOJ's argument on social media, suggesting it implied that Republican voters in Alaska are unable to distinguish between candidates. Conversely, Mike Davis, head of the conservative legal group Article 3 Project, defended the move, accusing Democrats of intentionally running a "fringe candidate" to disenfranchise voters who intend to support the incumbent.
Walter Olson, a senior fellow at the libertarian Cato Institute, labeled the lawsuit as "abusive" and "nearly frivolous" from a legal standpoint. However, he suggested that the lawsuit could serve a political purpose by energizing Republican voters and demonstrating a commitment to election integrity, even if it is unlikely to demoralize Democratic voters. As the midterm elections approach, the Alaska Senate race remains one of the most closely watched in the country, with Republicans currently holding a 53-47 majority in the Senate and a 218-214 advantage in the House. Polls show the race between Daniel S. Sullivan and Mary Peltola is currently too close to call.
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