Justice Department Sues to Block Alaska Senate Certification if Sen. Dan Sullivan Loses to Mary Peltola

The U.S. Justice Department has sued Alaska and its election officials in federal court, asking a judge to bar certification of the state's U.S. Senate result if Republican Sen. Dan Sullivan loses and the votes cast for a second candidate with the same name would have changed the outcome, according to the complaint and NBC News.

The complaint, United States v. State of Alaska, was filed Thursday, Oct. 22, in the U.S. District Court for the District of Alaska and signed by Associate Attorney General Stanley E. Woodward Jr. and Assistant U.S. Attorney E. Bryan Wilson. It names the state, Division of Elections Director Carol Beecher, the state's election boards and its State Ballot Counting Review Board.

President Donald Trump told reporters Friday that he directed the filing. "I'm the one that said do it," he said, according to NBC News, calling the second candidate's run "a disgrace."

The case centers on Daniel J. Sullivan Jr., a former teacher who filed to run for the seat on or about May 29, according to the complaint. The department alleges that he "decided to run for Senator in 2026 as a Republican with the intention of misleading supporters of Senator Sullivan into voting for him" and that "the sole purpose of his candidacy is to benefit the Peltola campaign." Those are allegations in a lawsuit. Sullivan Jr. told The Associated Press in June that his candidacy is no sham and that he is not working with anyone, NBC News reported, and he did not respond to NBC's request for comment on the suit. A spokesperson for Democrat Mary Peltola said earlier this year that her campaign has no involvement with either Sullivan campaign.

The Division of Elections removed Sullivan Jr. from the ballot in June, finding in a June 15 letter from Beecher that his declaration of candidacy was not filed in good faith but "with a purpose to confuse or mislead," according to the complaint. The division cited his request to appear as "Dan Sullivan," a name he had not registered under, and his switch to Republican affiliation immediately before filing. A state trial court ruled the division erred, and the Alaska Supreme Court summarily affirmed on June 29, saying a full opinion would come later, the complaint says. That opinion has not been issued.

In the August all-party primary, Peltola received 49.5% of the vote, Sen. Sullivan 41.4%, Sullivan Jr. 2.5% and Republican Gerald Heikes 1.1%, according to the complaint. All four advance to the November general election, which uses ranked-choice voting.

The complaint argues that some of the senator's supporters "likely will inadvertently vote for Daniel J. Sullivan," and that others may be confused about how to rank the three Republicans. Citing polls showing a race within one or two percentage points, it says there is "a realistic chance" that Sullivan Jr.'s presence will produce a Peltola victory even if most voters prefer the senator.

The department's single claim invokes the National Voter Registration Act, which says one of its purposes is to "protect the integrity of the electoral process." It asks the court to bar certification of any result in which Sen. Sullivan loses but would have won had all votes for Sullivan Jr. gone to him instead, "pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan."

The suit was filed the same day Attorney General Todd Blanche told reporters that "it is not DOJ's intention to, and it's never our intention to, improperly interfere with elections or the state confirmation process or certification process," according to NBC News. A department spokesperson said in a statement that the department is acting "consistent with the National Voter Registration Act" to ensure that "this frivolous candidacy does not undermine the integrity of Alaska's election."

Election law experts disputed the department's authority. Justin Levitt, a former Justice Department official in the Obama administration and an NBC News contributor, said no law allows the department to challenge ballots or delay certification, according to the network. David Becker, executive director of the Center for Election Innovation and Research, called the suit "an unprecedented intervention by the federal government," saying, "This is purely a matter of state law, and the administration has absolutely no authority to tell Alaska when or how to certify the results of its Senate election."

Peltola wrote on X that "this is the corruption AK is fed up with" and said Sullivan is "using his DC allies to try to keep himself in power," NBC News reported. Sullivan's Senate office and campaign did not immediately respond to requests for comment.

Sen. Lisa Murkowski, an Alaska Republican, said the state had already clearly distinguished the candidates on the ballot. "The Department of Justice should never have filed this lawsuit," she wrote on X, according to NBC News. On the November ballot, the incumbent appears as "Dan S. Sullivan" with "registered Republican" and "incumbent" next to his name, while the other candidate is listed as "Daniel J. Sullivan Jr." with no party listed.

Alaska's Division of Elections said it is reviewing the complaint and is "focused on running the ongoing election and giving voter's confidence that their votes will count." Election Day is Nov. 3.