The US Department of Justice has filed a revised lawsuit seeking to block certification of Alaska’s Senate election results if Republican incumbent Dan S Sullivan narrowly loses to Democratic challenger Mary Peltola.
The legal action comes days before the November 3 midterm election, which will help determine control of Congress. Alaska is one of seven closely contested Senate races expected to decide whether Republicans retain their majority.
The amended complaint alleges that Democratic operatives recruited a second candidate, Dan J Sullivan Jr, to confuse voters and draw support away from the Republican senator.
A report by The New York Times alleged that members of Ms Peltola’s campaign helped persuade the retired teacher to enter the race as a spoiler candidate. Ms Peltola’s campaign has denied any involvement in his candidacy.
Justice Department lawyers said in the complaint: “They orchestrated his sham campaign for the purpose of misleading Alaskan voters and getting Peltola elected.”
The department has issued 40 subpoenas and document preservation requests as part of the revised case. Alaska Governor Mike Dunleavy has also ordered a criminal investigation into the allegations.
Legal challenge raises questions over federal election role
Critics have questioned the department’s attempt to prevent Alaska from certifying the result if Senator Sullivan is defeated, arguing that the final vote count cannot establish what voters intended when two candidates share a name.
The case has also prompted concerns about federal interference in state-run elections. Under the US Constitution, responsibility for administering elections lies with the states rather than the presidency.
Alaska’s Supreme Court ruled in June that Dan J Sullivan Jr could stand in the midterm election. The state election office has already taken steps intended to reduce confusion between the two candidates.
Recruiting candidates to split an opponent’s vote, sometimes known as ballot stacking, is generally legal and has previously been used by both parties in Alaska.
Justin Levitt, a former Justice Department official under President Joe Biden, questioned the federal government’s authority to intervene. “I don’t know what they’re putting out subpoenas to investigate because I don’t know what federal violations are implicated that DOJ would have jurisdiction over,” he told the Associated Press.
He added: “Sure makes it seem like the point of the investigation is to become the story.”
Republicans hold 53 of the Senate’s 100 seats and are seeking to preserve their slim majority for the remainder of Donald Trump’s second term. Democratic candidates are attempting to gain ground amid opposition to the president and frustration over the cost-of-living crisis.
Mr Trump has suggested he may not accept the midterm results if Republicans lose their majorities in Congress, while continuing to promote false claims of widespread voter fraud. The Justice Department has also sought to challenge voting processes in several states, including California.
