The US Justice Department has sued to prevent certification of Alaska’s Senate election if Republican incumbent Dan Sullivan loses, arguing that voters may have been confused by another candidate with the same surname and a similar first name.
Senator Sullivan is standing against Democrat Mary Peltola, Gerald Heikes and Daniel J. Sullivan in a ranked-choice contest. The department alleges that votes intended for the incumbent could instead be cast for Daniel J. Sullivan, potentially affecting the result.
Its court filing argues that the candidacy of Daniel J. Sullivan threatens to mislead voters who want to support the senator. It also claims some Republican voters could be unsure how to rank the three Republican candidates in order to defeat Ms Peltola, or might fail to rank Senator Sullivan at all.
The government alleges that Daniel J. Sullivan deliberately sought to create confusion by using the same ballot name and party affiliation as the incumbent. It says that if Senator Sullivan loses but would have won had the disputed votes been counted for him, it would seek an investigation.
The Justice Department said the lawsuit was filed “to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters”. It says the candidacy breaches the National Voter Registration Act, which was enacted to make voter registration more accessible.
A sample ballot included in the filing lists Daniel J. Sullivan first as “Sullivan, Daniel J. Jr.”, without a party affiliation. Senator Sullivan appears below him as “Sullivan, Dan S. (Registered Republican) Incumbent”.
Alaska Senate ballot dispute
Alaska’s Supreme Court ruled in June that Daniel J. Sullivan could remain on the ballot, upholding a lower-court decision. The state courts had overturned a ruling by the Division of Elections that found him ineligible because he was allegedly attempting to cause voter confusion.
Lawyers for Daniel J. Sullivan argued that state officials had no legal basis to exclude him and lacked the authority to examine his private motivations. They said Alaska law did not allow qualified candidates to be removed because their presence might confuse voters.
Mr Trump has criticised the two candidates’ presence on the ballot, describing it as “totally confusing” and “CHEATING” in a post on Truth Social. He said his administration was examining “powerful legal options to remove the fraudulent Daniel J. Sullivan Jr. from the Ballot”.
Asked about the lawsuit on Friday, Mr Trump told reporters: “Well, I’m the one that said, ‘do it.’”
Mary Peltola’s campaign described the legal action as “a despicable political threat to overturn an election”. Its spokesman, Harry Child, said the campaign would fight to ensure every eligible Alaskan could vote without interference from politicians or officials from outside the state.
Alaska’s other Republican senator, Lisa Murkowski, said the Justice Department “should never have filed this lawsuit”. She said Alaskans did not need help choosing their preferred candidates and that state officials had already distinguished the two candidates clearly on the ballot.
