DOJ Sues to Block Alaska Senate Certification If Sullivan Faces Defeat

The U.S. Department of Justice filed a revised lawsuit on Thursday to prevent Alaska from certifying its Senate election results if Republican incumbent Dan S. Sullivan loses the race to Democratic challenger Mary Peltola.

The legal action comes four days before the November 3 midterm election, which will determine which party controls the U.S. Senate. The complaint alleges that Peltola's campaign recruited a retired teacher, Dan J. Sullivan Jr., to run as a spoiler candidate to confuse voters and split the vote against the incumbent.

A New York Times report published on Wednesday detailed how members of Peltola's campaign helped recruit Dan J. Sullivan Jr. for the bid. That report prompted the Justice Department to renew its legal push to bar the state from certifying the outcome should the sitting senator lose re-election.

As part of the amended complaint, federal prosecutors issued 40 subpoenas and document preservation requests. Alaska Governor Mike Dunleavy also ordered a criminal investigation into the allegations. Peltola's campaign has denied involvement in the secondary candidate's bid, but the Justice Department argues the strategy was a partisan trick to undermine voters.

Justice Department lawyers wrote in the filing that the campaign orchestrated the "sham campaign" to mislead Alaskan voters and secure Peltola's election. The suit aims to decertify the results if Sullivan loses narrowly, a scenario that would threaten the Republican majority in the Senate.

The federal intervention has raised questions about election integrity and the scope of presidential power over state-administered elections. The U.S. Constitution assigns election administration to the states, not the presidency. In June, the Alaska Supreme Court ruled that Dan J. Sullivan Jr. was eligible to compete in the midterms. The state election office has already taken steps to reduce confusion between the two candidates on the ballot.

Ballot stacking, or recruiting candidates to split an opponent's vote, is generally considered legal and has been used by both political parties in Alaska. Critics note that it would be difficult to determine voter intent based solely on the final tally if the certification is paused.

Justin Levitt, a former Department of Justice official under President Joe Biden, questioned the federal government's legal authority to intervene in the case. Levitt told the Associated Press that he was unsure what federal violations were implicated that would give the Justice Department jurisdiction. He added that the investigation seemed designed to become the story itself.

The Alaska race is one of seven key toss-up contests that will decide whether Republicans maintain their majority in the upper chamber. The party currently holds 53 of the 100 Senate seats. Democratic candidates are seeking to win seats by capitalizing on President Donald Trump's unpopularity and voter frustration over the cost of living. Trump has suggested he may not accept the midterm results if his party loses its majorities, and he has previously pushed claims of widespread voter fraud. The Justice Department has also attempted to challenge voting processes in other states, including California.