DOJ sues over potential voter confusion in Alaska Senate race

President Donald Trump said Oct. 23 that he directed the Department of Justice (DOJ) to sue over potential voter confusion in Alaska’s Senate race, seeking to block certification under certain conditions if Republican incumbent Sen. Dan Sullivan loses.

The lawsuit, filed Oct. 22 in federal court in Alaska, alleges that another candidate, Daniel J. Sullivan Jr., entered the race to mislead the senator’s supporters and help Democratic challenger and former U.S. Rep. Mary Peltola win.

The department is asking a judge to prevent certification if the incumbent loses but would have won had votes for the other Sullivan instead been cast for him through Alaska’s ranked-choice process. The requested order would halt certification pending an investigation into whether voters who cast ballots for the other Sullivan intended to support the senator. 

“The sole purpose of [Dan J. Sullivan’s] candidacy is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan,” the complaint states.

Under Alaska’s ranked-choice system, if no candidate receives a majority of active ballots initially, election officials eliminate the candidate with the fewest votes and count those ballots for each voter’s next-ranked remaining candidate. The process repeats until a candidate receives a majority of active ballots.

Speaking to reporters about the lawsuit Oct. 23, Trump said, “I’m the one that said do it.”

The President described the other Sullivan as a fake candidate put up by Democrats to confuse voters. Standing alongside Trump, Republican Florida Gov. Ron DeSantis added that “Daniel J. just so happens to be funded by liberal donors.” Trump interjected, “By ActBlue.” 

Daniel J. Sullivan Jr., a retired teacher from Petersburg who said he is running as a Republican, has denied that his candidacy is intended to mislead voters. According to The Hill, he said he voted for Peltola in both the 2022 and 2024 House races. He also told The New York Times he has supported Democratic nominees in the past three presidential cycles and has attended protests against the Trump administration, including “No Kings” events. 

On the ballot, the incumbent appears as “Sullivan, Dan S. (Registered Republican) Incumbent,” while the other is listed without a party affiliation as “Sullivan, Daniel J. Jr.” 

State election officials previously excluded Daniel J. Sullivan from the ballot over concerns that his candidacy aimed to confuse voters. A trial court reversed that decision, and the Alaska Supreme Court affirmed on June 29, according to the federal complaint.

Attorney General Todd Blanche defended the federal challenge during an Oct. 25 interview on CNN’s “State of the Union,” arguing that the state Supreme Court’s ruling addressed Alaska law but did not resolve the federal questions raised by the DOJ. 

Blanche pointed to Article I, Section 4 of the Constitution, which gives state legislatures authority over congressional election procedures while allowing Congress to make or alter those regulations. 

“Unlike many states, Alaska doesn’t have a statute or a law that says that the same name can’t run,” Blanche said regarding the two Sullivans. “But make no mistake about it, the head of Alaskan elections has made very clear that this candidate’s only purpose is to confuse voters.”

The complaint itself brings a claim under the National Voter Registration Act, arguing that certification of a result affected by voter confusion would violate the state’s duty to protect the integrity of the electoral process.

Blanche argued that federal intervention is justified in this case, saying there are “laws in place that allow us to step in if Constitutional rights and statutory rights are potentially being violated in the election process.” 

“We don’t do it very often, but can you name a single time in history that this has happened in a Senate race?” Blanche added.

Peltola and the Democratic Senatorial Campaign Committee have asked the court to dismiss the lawsuit, arguing that it represents an unconstitutional federal intrusion into election administration.

The Alaska race is among closely watched Senate contests that could determine control of the chamber, where Republicans hold a narrow majority. A New York Times/Siena poll released Oct. 3 showed Peltola leading Sullivan 50% to 43%.