DOJ Files Preemptive Suit to Block Alaska Senate Certification Over Name Confusion

Key points

• The DOJ sued in federal court to block certification of the Alaska Senate race if Dan S. Sullivan loses by a margin smaller than the votes received by Daniel J. Sullivan.
• The lawsuit claims Daniel J. Sullivan’s candidacy is a 'scam' designed to mislead voters and distort the will of Alaskan voters, citing the National Voter Registration Act.
• Alaska uses ranked-choice voting, which allows voters to rank both Sullivans, potentially mitigating the confusion the DOJ claims exists.
• Legal experts, including Notre Dame law professor Derek Muller, called the suit 'absurdly thin' and predicted it would be dismissed, noting that ballots are co-mingled and voter intent cannot be easily verified post-election.
• The suit was signed by Associate Attorney General Stanley Woodward, and Attorney General Todd Blanche downplayed the move as a 'doomsday scenario' but left open the possibility of intervention.

Background

This lawsuit follows a series of Trump administration efforts to intervene in state election processes, including lawsuits against 30 states over voter rolls and attempts to restrict mail ballots, all of which have largely failed in court. The Alaska race is particularly critical for Senate control, with Democrats needing to net four seats to win the chamber. Previous coverage highlighted the tight race between Sullivan and Peltola, with polls showing Peltola slightly ahead, and noted Trump’s recent campaign stops in Alaska, including a rally in Wasilla where he called the duplicate name a 'cheating' tactic.

How outlets are covering it

The Washington Post and CNN emphasize the DOJ’s unprecedented move to intervene in a state election before the vote, framing it as part of a broader pattern of the Trump administration challenging election integrity. CNN notes the legal theory is 'strange and unusual' and that the suit may be moot if the race is not close. 5 Eyewitness News highlights the constitutional tension between federal and state powers, noting that the DOJ’s actions are seen as bolstering the president’s political operation. Politico focuses on the specific legal argument that the DOJ is using the National Voter Registration Act to justify its intervention, which experts have criticized as a stretch. All sources agree that the suit is likely to fail, but they differ in their emphasis on the political implications versus the legal merits.

Why it matters

The outcome of the Alaska Senate race could determine control of the U.S. Senate, making it a high-stakes contest. The DOJ’s lawsuit sets a precedent for federal intervention in state elections, potentially undermining the principle of state sovereignty in election administration. If successful, it could lead to a prolonged legal battle over certification, delaying the transition of power and casting doubt on the legitimacy of the results. This move also reflects the Trump administration’s broader strategy to challenge election outcomes it perceives as unfavorable, raising concerns about the integrity of the democratic process.

What to watch

The case has been assigned to Judge Sharon L. Gleason, and the DOJ has not yet requested emergency action. Alaska is expected to begin tabulating ranked-choice votes on November 18, more than two weeks after Election Day. If Dan S. Sullivan loses by a narrow margin, the DOJ may seek to block certification and demand an investigation into voter intent. Legal experts predict the suit will be dismissed, but the outcome will depend on the final vote count and the court’s interpretation of the National Voter Registration Act.