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

Key points

• The DOJ lawsuit targets the certification process, not the vote count itself, aiming to delay results if Peltola wins.
• The suit claims that voters may mistakenly rank Daniel J. Sullivan over incumbent Dan S. Sullivan, altering the outcome of the ranked-choice tabulation.
• Alaska’s Supreme Court previously ordered the state to keep Daniel J. Sullivan on the ballot after election officials removed him.
• The case was assigned to U.S. District Judge Sharon Gleason, with no emergency request for immediate action filed by the administration.
• Polls show Peltola leading Sullivan by two points, while the second Sullivan receives between 2% and 5% of support.

Background

This litigation follows a pattern of the Trump administration challenging state election procedures, including a recent suit in California to block the counting of mail ballots. In Alaska, the race is critical for Senate control, with Democrats needing to flip several Republican-held seats. The dispute over the duplicate name began when state election officials removed Daniel J. Sullivan from the ballot, citing potential voter confusion, but the Alaska Supreme Court reversed that decision in June. The current suit is part of a broader federal effort to intervene in state-level electoral processes ahead of the November 3 midterms.

How outlets are covering it

CNN and Democracy Docket emphasize the legal unorthodoxy of the DOJ’s approach, with experts like Derek Muller and Ben Ginsberg calling the legal theory 'strange' and 'impossible to measure.' They highlight that Alaska’s ranked-choice system allows voters to rank both Sullivans, reducing the risk of confusion. Politico focuses on the DOJ’s specific legal argument that certifying a result 'impacted by voter confusion' violates the National Voter Registration Act. Axios provides minimal detail, focusing on the broader context of the administration’s election interference. All sources agree that the case is speculative and faces significant hurdles, but they differ on the emphasis: CNN and Democracy Docket stress the legal flaws, while Politico highlights the DOJ’s specific statutory interpretation.

Why it matters

The outcome of this lawsuit could set a precedent for federal intervention in state election certification, potentially affecting other close races. If the DOJ succeeds in blocking certification, it could delay the swearing-in of Alaska’s next senator and create uncertainty in the balance of power in the U.S. Senate. The case also tests the limits of federal authority over state election administration, with implications for future elections and the role of the executive branch in electoral disputes.

What to watch

The case will proceed in federal court, with Judge Gleason deciding whether to grant the DOJ’s request to block certification. The administration has not requested an emergency injunction, suggesting it may be willing to wait for a standard ruling. The ranked-choice tabulation process is expected to begin on November 18, more than two weeks after Election Day, allowing time for overseas ballots to arrive. The outcome will depend on whether the court accepts the DOJ’s interpretation of the National Voter Registration Act and the feasibility of investigating voter intent after the fact.