Democratic lawyers seek dismissal of Justice Department lawsuit challenging Alaska Senate results
Attorneys for Democratic Senate candidate Mary Peltola and the Democratic Senatorial Campaign Committee asked a federal judge to throw out a Justice Department suit that would block certification of Alaska’s Senate election if incumbent Dan Sullivan loses.
Attorneys representing Alaska Democratic Senate candidate Mary Peltola and the Democratic Senatorial Campaign Committee filed a motion on Friday urging a federal judge to dismiss a Justice Department lawsuit that seeks to prevent certification of the upcoming Senate election should Republican incumbent Dan S. Sullivan be defeated. The filing described the suit as “an unprecedented pre-emptive strike on democratic elections” and argued that it threatens voters by assuming any ballot vote for Dan J. Sullivan Jr. was intended for Senator Sullivan.
The Justice Department, acting on a lawsuit filed by the Trump administration, contended that the presence of Dan J. Sullivan Jr. on the ballot could mislead voters and that, if all votes cast for the junior candidate were reassigned to the incumbent, Senator Sullivan would have won under Alaska’s ranked-choice voting system. The department asked the court to block certification of the results if Sullivan does not prevail.
“This case directly threatens both Proposed Intervenors’ interests by demanding that defendants refuse to certify the election if, and only if, Peltola wins,” the motion read.
“The Department of Justice’s assumption that every voter who casts a vote for Dan J. Sullivan really meant to vote for Senator Sullivan is insulting to voters and irreconcilable with Alaska’s ranked-choice voting procedures,” the filing added.
President Donald Trump posted on Truth Social that he was “very concerned” about the race, calling the situation “confusing” and labeling the lawsuit a “SCAM.”
The lawsuit follows a June decision by Alaska election officials that removed Dan J. Sullivan Jr. from the ballot for lack of good-faith candidacy, a ruling later reversed by a state judge. Federal and state investigators have been reported to be examining whether the junior candidate’s presence was part of a scheme to confuse voters.
Legal experts told NBC News that the Justice Department’s case faces significant hurdles, noting that election administration and certification are traditionally state and local responsibilities, limiting federal involvement.