The Trump administration has filed a lawsuit aimed at blocking certification of Alaska’s Senate election if incumbent Republican Sen. Dan Sullivan loses his reelection bid.
The lawsuit, filed Thursday in the U.S. District Court for the District of Alaska, argues that a victory by Democrat Mary Peltola could be blocked because of the controversial appearance on the ballot of a candidate who shares the incumbent’s name.
The filing alleges that Daniel J. Sullivan, who goes by Dan Sullivan, entered the race as a Republican “with the intention of misleading” the incumbent’s supporters, and that his presence on the ballot would cause voter confusion.
“Should Alaska certify any electoral results tainted by the inclusion on the ballot of Daniel J. Sullivan … the State and its officers will fail in its obligation to protect the integrity of its election,” the filing reads.
A HIGH-STAKES RACE
The battle for control of the Senate could come down to Alaska this fall.
The Last Frontier is considered a solidly red state, one President Trump won by double digits in the last presidential race. But Peltola holds a narrow lead in recent polling of the Senate contest.
Decision Desk HQ’s polling averages show Peltola ahead of Sullivan by roughly 2 percentage points, with a “lean Democratic” forecast. Cook Political Report still rates the race a “toss up,” and early voting is already underway.
STATE INVESTIGATION AND COURT FIGHT
Earlier this year, Alaska Division of Elections Director Carol Beecher launched an investigation into Daniel J. Sullivan’s candidacy, citing “credible allegations” that he was running as a spoiler. She concluded he could not appear on the ballot.
Beecher pointed to the political newcomer’s recent switch to the Republican Party and his ties to a political consultant for Peltola. Peltola’s camp, however, has said it has no involvement with either Sullivan campaign.
Daniel J. Sullivan appealed to the Superior Court, arguing that Alaska law does not regulate the “private motivations that draw individuals to declare or campaign for office.”
In a statement at the time, he argued that efforts to remove him from the ballot “create the impression that the state government is being used to protect an incumbent senator from facing competition at the ballot box.”
A Superior Court judge ultimately ruled that the challenger could remain on the ballot for the state’s Aug. 18 primary, and both Sullivans advanced from that contest.
The Justice Department had also reportedly launched an investigation into the challenger’s campaign.
TWO SULLIVANS ON THE BALLOT
Ballots for next month’s general election list both candidates. The incumbent appears as “Dan S. Sullivan,” with a note highlighting his party and incumbent status. The challenger appears as “Daniel J. Sullivan Jr,” listed without a party affiliation.
Alaska uses ranked-choice voting for its general election.
With the race tight, early voting in progress and control of the Senate potentially on the line, the administration’s lawsuit sets up a legal fight that could determine whether the results in Alaska are certified if the incumbent Republican comes up short.
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