DOJ sues to block Alaska Senate certification if incumbent loses

The Department of Justice filed a lawsuit on Thursday asking a federal judge to halt the certification of Alaska’s U.S. Senate election if incumbent Sen. Dan S. Sullivan loses to Democratic challenger Mary Peltora. The complaint argues that votes cast for a namesake candidate, retired educator Dan J. Sullivan, could mislead voters who intended to support the incumbent.

President Donald Trump told reporters that he directed the Justice Department to pursue the case. The lawsuit seeks an investigation into voter intent and would prevent the Alaska Division of Elections from certifying the result pending that inquiry.

Alaska’s other senator, Lisa Murkowski, said the state already distinguishes the candidates on the ballot and that the Justice Department should not have filed the suit. Attorney Scott Kendall criticized the legal basis, saying it would earn a “D-” if graded by a law student.

The Alaska Supreme Court has already ruled that Dan J. Sullivan is eligible to appear on the ballot, rejecting a prior appeal that claimed his candidacy was intended to confuse voters. The ballot lists the incumbent as “Sullivan, Dan S. (Registered Republican) Incumbent” and the challenger as “Sullivan, Daniel J. Jr.” without a party label.

"The Department of Justice — which is supposed to represent all Americans — filing a lawsuit less than two weeks before Election Day, trying to block election results that haven’t even happened yet is so crazy, and is reflective of this administration’s overall approach to the midterm elections," said Jonathan Diaz, director of voting advocacy at the Campaign Legal Center.

"Alaskans don’t need any help voting for their preferred candidates, and the State of Alaska has already handled this by clearly distinguishing the candidates on this year’s ballot. The Department of Justice should never have filed this lawsuit," Murkowski said.

"We’ll let the DOJ complaint run its course. Alaskans can tell the difference between a Democrat sideshow and Senator Sullivan’s strong record of delivering for Alaska," Sullivan campaign spokesperson Nate Adams said.

"I feel very much that it’s interference and very corrupt," Mary Peltora told reporters at the Alaska Federation of Natives convention.

State officials declined to comment on the litigation, saying the complaint is under review. The lawsuit is expected to be assigned to a federal judge in Alaska, who will decide how to proceed.

The race, viewed as a potential swing contest for control of the Senate, remains a toss-up in polls, with early voting already underway for the Nov. 3 election.