Justice Department Asks Court to Hold Alaska Senate Certification if Sullivan Loses

The Justice Department asked a federal court on Thursday to bar Alaska from certifying the result of its U.S. Senate race if Republican Sen. Dan Sullivan loses, arguing that a second candidate with nearly the same name could cost the incumbent votes.

The lawsuit, filed in federal court in Anchorage, names the state and its election officials, including Division of Elections Director Carol Beecher. President Trump told reporters on Friday that he directed the department to bring it. "I'm the one that said do it," he said.

At issue is Daniel J. Sullivan, a retired schoolteacher from Petersburg who is also on the Nov. 3 ballot. The complaint calls him "a known longtime supporter of Democratic candidates" and says his campaign website uses a format and color scheme similar to the senator's.

"The sole purpose" of his candidacy, the complaint says, "is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan." Mary Peltola, a Democrat and former member of Congress, is challenging the senator.

The department asks the court to declare that any result "that may be impacted by voter confusion" would violate the National Voter Registration Act. Under the complaint's test, a result would be suspect if Sen. Sullivan loses and would have won had every vote for Daniel J. Sullivan gone to him instead under Alaska's ranked-choice count. It asks that certification wait "pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan."

The filing warns that some of the senator's supporters "likely will inadvertently vote for Daniel J. Sullivan," and that others may rank the candidates in a way that lets their votes pass to Peltola after the lesser-known Sullivan is eliminated.

The fight over the second Sullivan predates the suit. Beecher found on June 15 that he had not filed a good-faith candidacy and had instead filed to confuse or mislead voters, and she removed him from the ballot. He challenged that decision, and the Alaska Supreme Court upheld a lower-court ruling that put him back on, finding that state law limits election officials to checking a candidate's constitutional qualifications, not motives.

Beecher then changed how the two names appear. The senator is listed with the word "incumbent" beside his name, and the challenger appears as "Sullivan, Daniel J. Jr." with no party listed. He changed his registration between the primary and the general election.

In the August primary, Peltola took 49.5% of the vote, Sen. Sullivan 41.4% and Daniel J. Sullivan 2.5%.

"Alaska's Division of Elections determined that Mr. Daniel J. Sullivan's candidacy was intended to mislead voters and compromise the fairness of the ballot," Justice Department spokesperson Audrey Cook said in a statement. She said the department was acting to ensure "this frivolous candidacy does not undermine the integrity of Alaska's election or the will of its voters."

Harry Child, a spokesperson for Peltola's campaign, called the suit "a despicable political threat to overturn an election." He said the campaign would fight to ensure every eligible voter in Alaska can be heard.

Nate Adams, a spokesperson for the senator's campaign, said, "We'll let the DOJ complaint run its course."

Daniel J. Sullivan said in an email that the filing surprised him and that he needed time to understand it. He has denied trying to confuse voters and has denied that Peltola's campaign is behind his run.

The state Department of Law said it was reviewing the complaint. Because ballots are secret, the suit does not explain how an investigation into individual voters' intent would be carried out.

The race is one of several that could decide control of the Senate. A measure to repeal Alaska's ranked-choice voting and open primaries is also on the Nov. 3 ballot.