Justice Department Files New Lawsuit to Block Alaska Senate Certification
The federal government seeks to void election results if incumbent Dan S. Sullivan loses narrowly, citing a potential voter confusion scheme involving a candidate with the same name.
By Carmen Wojcik ·
The United States Department of Justice filed a revised lawsuit on Thursday seeking to prevent Alaska from certifying its Senate election results if Republican incumbent Dan S. Sullivan loses by a small margin.
The legal move comes four days before the November 3 midterm election, which will determine control of the US Senate. The complaint alleges that Democratic efforts to confuse voters involved placing a candidate with the same name as Sullivan on the ballot. This race is one of seven key toss-ups that will likely decide whether Republicans keep their majority in Congress’s upper chamber.
Democratic challenger Mary Peltola is running to unseat Sullivan, a close ally of President Donald Trump. A New York Times report on Wednesday alleged that members of Peltola’s campaign helped recruit a retired teacher named Dan J. Sullivan Jr. to run as a spoiler candidate. The goal, according to the report, was to draw votes away from the incumbent. This report prompted the renewed legal push by the Trump administration.
As part of the revised complaint, prosecutors issued 40 subpoenas and document preservation requests, according to Reuters. Alaska Governor Mike Dunleavy also ordered a criminal investigation into the allegations. Peltola’s campaign has denied involvement in Dan J. Sullivan Jr.’s bid for the Senate seat. However, prosecutors accused the Democrat and her allies of playing partisan tricks to undermine voters.
Justice Department lawyers wrote in their amended complaint that the team orchestrated the sham campaign for the purpose of misleading Alaskan voters and getting Peltola elected. The lawsuit has raised concerns about election integrity and federal meddling in state processes. Under the US Constitution, election administration generally falls to the states rather than the presidency. In June, Alaska’s Supreme Court ruled that Dan J. Sullivan Jr. could compete in the midterms. The state election office has already taken steps to reduce confusion between the two candidates.
Recruiting candidates to split an opponent’s vote is a practice known as ballot stacking. It is generally considered legal and has been used by both parties in Alaska. Critics of the Justice Department’s bid have noted that it would be difficult to determine voter intent based on the final tally alone. Justin Levitt, a former Department of Justice official under President Joe Biden, questioned the federal government's legal authority in the case.
Levitt told the Associated Press that he did not know what federal violations were implicated that would give DOJ jurisdiction. He added that the investigation seemed designed to become the story. Democrats and Republicans are locked in tight races nationwide that will determine which party holds a majority in the US Senate for the remainder of Trump’s second term. Republicans currently hold 53 out of 100 seats in the upper chamber. Democratic candidates hope to win seats by capitalizing on Trump’s unpopularity and frustration over the cost-of-living crisis. Trump has suggested he may not accept the midterm results if his party loses its majorities in Congress. He has also pushed claims of widespread voter fraud. The Justice Department has attempted to challenge the voting process in several states, including California.
