DOJ, Democrats Clash Over Trump Administration Lawsuit to Block Alaska Senate Certification

The U.S. Department of Justice and the Democratic Senatorial Campaign Committee (DSCC) have exchanged sharp accusations in an Alaska lawsuit involving alleged “voter confusion” in the U.S. Senate race between Democrat Mary Peltola and two men whose names are remarkably similar.

Last week, the DOJ asked the court to block certification of the upcoming election. The department argued that if Republican Sen. Dan Sullivan narrowly loses to Peltola, the result could be linked to Daniel J. Sullivan’s decision to run for the Senate in 2026 as a Republican, allegedly “with the intention of misleading supporters of Senator Sullivan into voting for him.”

Over the weekend, Peltola’s principal campaign committee and the DSCC sought permission to intervene in the case. The Democratic groups urged the district court to dismiss the lawsuit as soon as “this week,” arguing that the litigation cannot be allowed to “hang like the Sword of Damocles over the ongoing” midterm elections.

On Tuesday, the government defended its lawsuit and formally opposed the Democrats’ request to intervene, saying the state already represented the relevant interests. That position soon changed.

The shift followed a report by The New York Times alleging that Democrats recruited Daniel J. Sullivan to act as a spoiler candidate and improve Peltola’s chances of winning.

In a new filing, the Trump administration reversed course on the Democratic groups’ intervention request.

“Given a change in circumstances—the New York Times reporting that Proposed Intervenor Alaskans For Mary and the Democratic Senatorial Campaign Committee orchestrated a sprawling conspiracy to recruit and prop up a sham candidate for the purpose of deceiving Alaskan voters—the United States withdraws its opposition to the Motion to Intervene,” the DOJ’s three-page notice states.

Although the report may be unwelcome news for Democrats, the DOJ’s filing places all sides in agreement over which parties should be allowed to litigate the case.

Earlier Wednesday, the Democratic Party pointed to an earlier filing in which the defendants “made clear that they do not oppose” intervention. That filing said it is “well-established that candidates and their campaigns have sufficient interest in election litigation to support intervention.”

“Defendants effectively acknowledge that they cannot adequately represent these intervenors’ unique interests,” the 11-page response says. “The partisan and electoral interests of Alaskans for Mary and DSCC in winning the election are fundamentally different in kind from State Defendants’ generalized interests in avoiding federal interference with the State’s management of Alaska’s election.”

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The DSCC filing also draws attention to several differences between the arguments advanced by the Democratic groups and those presented by Alaska officials.

“Defendants do not significantly develop why the Purcell doctrine bars DOJ’s claim,” the response says. The doctrine reflects the principle that courts should be cautious about making major changes to state election rules shortly before an election.

“Defendants also do not explicitly argue that the Complaint fails to plausibly allege a risk of voter confusion,” the filing continues. “Moreover, unlike Alaskans for Mary and DSCC, State Defendants suggest DOJ’s claim may be ‘not yet ripe,’ with the implication that it may become ripe after the election. That argument is directly at odds with Alaskans for Mary and DSCC’s interest in a final resolution of this case now, on the merits.”

For its part, the Trump administration contends that the Democratic groups are effectively seeking to preserve the conditions that could confuse voters.

“Alaskans For Mary and the Democratic Senatorial Campaign Committee are adamant that they have ‘especially stark interests’ in ensuring that Mr. Sullivan’s decoy candidacy continues without any steps to prevent voter confusion,” the DOJ motion states. “The campaign thus all but concedes that the effect of this farce, consistent with its obvious intent, is to help Peltola electorally. Confusing voters is not a cognizable, protectable interest.”

The Democratic groups reject that characterization of the lawsuit.

“This case is not about whether Daniel J. Sullivan is qualified to appear on the ballot—the Alaska Supreme Court definitively resolved that question months ago,” the DSCC motion says. “Nor is it about Mr. Sullivan’s reasons for running. Rather, it is about whether DOJ can enjoin Alaska’s lawful certification of the U.S. Senate election if the President’s preferred candidate loses.”

The government’s now-withdrawn opposition filing offered a different interpretation—one that Republicans may view as especially significant in light of the latest developments.

“With no apparent sense of irony, Proposed Intervenors decry ‘a nationwide attack on free elections’—in defense of including on the ballot a sham candidate whose sole reason for running is to mislead voters into accidentally voting for him, with the goal of assisting the Democrat,” the DOJ wrote in the defunct 13-page opposition filing.

The government is now seeking expedited discovery from Peltola’s campaign “regarding the reported conspiracy,” including whether the campaign tried to mislead the court by requesting an expedited ruling on its motion to dismiss while potentially knowing about The New York Times report before publication.

The post “No apparent sense of irony”: DOJ and Democratic Party groups battle over Trump administration lawsuit seeking to block certification of Alaska Senate race first appeared on Law & Crime.