A federal judge has agreed to speed up a Justice Department lawsuit over Alaska’s Senate race after Democratic nominee Mary Peltola asked the court to throw the case out before voters head to the polls on Nov. 3.
The DOJ lawsuit, filed last week, argues that a candidate on the ballot who shares a name with incumbent Republican Sen. Dan Sullivan could give Peltola an unfair advantage. Dan J. Sullivan appears on the ballot as “Daniel J. Sullivan Jr.,” while the senator is listed as “Dan S. Sullivan (Registered Republican) Incumbent.”
The lawsuit seeks to block certification of the Senate results if the incumbent loses and would have won had the votes cast for the other Sullivan gone to him. President Trump said he directed the Justice Department to sue the state and its election officials, and the administration claims the second Sullivan was planted by Democrats to confuse voters. Trump has said Democrats are trying to steal the Republican seat.
Peltola’s camp is fighting back. In a court filing late Sunday, lawyers for her campaign and the Democratic Senatorial Campaign Committee argued the lawsuit was an unlawful attempt by the federal government to interfere in election administration, a responsibility the Constitution gives to the states. Attorney David R. Fox called the case entirely baseless and asked for a ruling before Election Day.
The campaign and the DSCC also said they were concerned Trump and Attorney General Todd Blanche would use the lawsuit to lay the groundwork for challenging a potential Peltola victory.
Peltola’s lawyers noted the Alaska Supreme Court ruled in June that Dan J. Sullivan’s candidacy did not harm the election. Sullivan himself called the DOJ suit a gross misuse of the department over a matter already resolved by the state’s highest court, which placed his name on the primary ballot after election officials initially rejected it.
U.S. District Judge Sharon Gleason expedited the case but has not ruled on its merits. The court will first consider motions to intervene, and if those are granted, the DOJ must respond to the motion to dismiss on a tight timeline, with a ruling possible over the weekend or early next week. Gleason was appointed by former President Barack Obama.
Other groups have also lined up against the administration. The nonprofit watchdog group Common Cause, represented by attorneys from the American Civil Liberties Union, filed a motion to intervene last week. Republican Sen. Lisa Murkowski also criticized the lawsuit.
The DOJ argues federal intervention may be necessary to protect the integrity of the election, while Alaska and Peltola contend the state followed its election laws and that the government has pointed to no law authorizing the remedy it seeks.
Peltola, a former member of the U.S. House from Alaska, is challenging Sullivan as Republicans fight to keep narrow majorities in both chambers of Congress.
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