Peltola Campaign Urges Federal Judge to Dismiss DOJ’s Alaska Election Suit Before Nov. 3

Key points

• Peltola’s campaign and the Democratic Senatorial Campaign Committee filed a motion on Sunday asking Judge Sharon Gleason to dismiss the DOJ’s lawsuit by Tuesday or Wednesday, before the November 3 election.
• The DOJ lawsuit, filed Thursday, seeks to prevent Alaska from certifying results if Dan Sullivan loses, arguing that a candidate named Daniel J. Sullivan may have confused voters and siphoned votes from the incumbent.
• Attorney General Todd Blanche stated on CNN that the department is not laying the groundwork for the president to overturn the election, asserting the suit only seeks to ensure compliance with federal law regarding voter confusion.
• Republican Senator Lisa Murkowski criticized the lawsuit, stating that Alaska has already distinguished the candidates on the ballot and that the DOJ should not have filed the suit.
• Peltola’s campaign argues the lawsuit is an unprecedented attempt to cast doubt on the election results and lacks legal basis, noting that state courts had already resolved the issue of the third candidate’s ballot inclusion.

Background

The Alaska Senate race is pivotal for Senate control, with Democrats needing to gain seats to reclaim the majority. The DOJ filed the suit on October 23, citing the National Voter Registration Act. Earlier legal analyses noted that the DOJ lacks clear statutory authority to intervene in state certification processes before an election. The race features incumbent Dan S. Sullivan, Democrat Mary Peltola, and a third candidate, Daniel J. Sullivan Jr., whose presence on the ballot was upheld by the Alaska Supreme Court after Republican officials attempted to remove him.

How outlets are covering it

CNBC and Yahoo emphasize the urgency of the Peltola campaign’s motion, highlighting the fear that the lawsuit could be used to challenge a narrow victory. NPR focuses on Attorney General Blanche’s defense, noting his denial that the suit is a precursor to overturning the election, while also highlighting the tension in his interview regarding comparisons to 2020. KATU highlights the criticism from within the Republican party, specifically Senator Murkowski’s statement that the state had already handled the candidate distinction. The sources agree on the core facts of the lawsuit but differ in emphasis: Democrats and their allies view the suit as an unlawful interference, while the DOJ frames it as a necessary measure to protect election integrity, a view contested by some Republicans and legal experts.

Why it matters

The outcome of this lawsuit could directly impact the certification of the Alaska Senate election, potentially delaying or blocking the recognition of the winner. Given the close nature of the race and its significance for Senate majority control, any federal intervention in the certification process could have national political implications. The case also tests the limits of federal authority over state election processes and the use of legal challenges to influence election outcomes.

What to watch

Judge Sharon Gleason is expected to rule on the motions to intervene and dismiss within the next few days, as requested by the Peltola campaign. The DOJ has not provided a timeline for how it would investigate voter confusion before certification. The election results are expected to be tabulated in the week following November 3, with the lawsuit potentially hanging over the certification process if not dismissed.