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A federal judge is being asked to throw out a Trump administration lawsuit that seeks to block certification of Alaska’s upcoming Senate election results. Attorneys for Democratic candidate Mary Peltola and the Democratic Senatorial Campaign Committee filed the motion on Friday. They called the Justice Department’s case “an unprecedented pre-emptive strike on democratic elections.”
The lawsuit, filed by the DOJ on Thursday, targets Alaska election officials. It argues that the presence of Dan J. Sullivan Jr. on the ballot could confuse voters who intend to support Republican incumbent Sen. Dan S. Sullivan. Specifically, the DOJ wants a court to block certification of the election results if Sen. Dan S. Sullivan loses, but only under the condition that he would have won had all votes cast for Dan J. Sullivan Jr. gone to the senator instead.
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Democrats Push Back Hard
Peltola’s campaign and the DSCC rejected that argument sharply. Their filing stated that the DOJ’s assumption — that every voter who chose Dan J. Sullivan Jr. really meant to vote for the senator — is “insulting to voters.” They also said the claim is “irreconcilable with Alaska’s ranked-choice voting procedures and the ballot’s clear differentiation between the two candidates.”
The motion further argued that Peltola’s campaign and the DSCC have a right to intervene in the case. It also raised doubts about whether existing defendants would mount a strong defense. The filing noted that Alaska election officials had previously tried to remove Dan J. Sullivan Jr. from the ballot earlier this year, suggesting they may not vigorously oppose the DOJ’s demands.
In June, election officials removed Dan J. Sullivan Jr. from the ballot after deciding his candidacy was “not in good faith.” However, an Alaska judge overturned that decision later the same month and validated his campaign. Dan J. Sullivan Jr. has denied any wrongdoing. In July, NBC News reported that federal and state investigators were examining whether he could be part of a conspiracy to confuse voters, citing two people with knowledge of the matter.
Trump Raises Alarm Over Ballot Confusion
President Donald Trump has repeatedly expressed concern about the Alaska Senate race. On Wednesday, he posted on Truth Social: “I am very concerned about the Dan S. Sullivan Race for the U.S. Senate in Alaska in that it is totally confusing. It’s ridiculous that the Court didn’t stop this SCAM.” Trump has also claimed that Democrats placed Dan J. Sullivan Jr. on the ballot deliberately to create confusion, calling the candidacy “corrupt.”
The DOJ filed its lawsuit less than two weeks before Election Day. Meanwhile, Alaska has already begun early voting. As of Friday, the court had not yet scheduled a hearing on the case.
Legal Experts Question the DOJ’s Case
Legal and election experts told NBC News that the DOJ’s lawsuit stands on shaky legal ground. Under U.S. law, state and local officials — not the federal government — run and certify elections. That structure significantly limits the Justice Department’s authority to intervene in the process.
The nonpartisan Cook Political Report rates the Alaska Senate contest as a toss-up. The race is considered a key opportunity for Democrats to flip a Republican-held seat as both parties fight for control of the Senate.
