The Trump administration has filed a lawsuit seeking to block certification of the Alaska Senate election if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola because of votes cast for another candidate named Daniel Sullivan.
Alaska’s ranked-choice Senate race features four candidates: incumbent Sen. Dan Sullivan, Peltola, Gerald Heikes and Daniel J. Sullivan, a teacher whose name also appears on the ballot.
The Justice Department contends that if Sen. Sullivan loses because voters mistakenly selected Daniel J. Sullivan, the outcome should not be treated as a valid election result.
Federal officials allege that Daniel J. Sullivan intentionally created voter confusion by running under the same ballot surname and Republican affiliation associated with the incumbent senator. The department says his candidacy could divert votes from Sen. Sullivan and benefit Peltola.
In a court filing Friday, the Justice Department said Daniel J. Sullivan’s presence on the ballot “threatens to mislead Alaskan citizens who want to vote for Senator Sullivan.” It also argued that some of those voters “likely will inadvertently vote for Daniel J. Sullivan.”
The filing further states that other supporters of the senator “likely will be confused as to how to rank the three Republican candidates as to defeat Peltola” and “might not rank Senator Sullivan at all.”
Peltola’s campaign did not immediately respond to a request for comment.
A sample ballot attached to the Justice Department’s filing illustrates the potential confusion. Daniel J. Sullivan is listed first as “Sullivan, Daniel J. Jr.” without a party affiliation. Sen. Sullivan appears below him as “Sullivan, Dan S. (Registered Republican) Incumbent.”
The Alaska Supreme Court ruled in June that Daniel J. Sullivan could remain on the ballot, upholding a lower-court ruling. The state courts reversed a decision by the state Division of Elections, which had declared Daniel J. Sullivan ineligible on the grounds that he was allegedly attempting to “cause voter confusion.”
Attorneys for Daniel J. Sullivan argued that Alaska officials “lacked any basis in Alaska law to exclude Mr. Sullivan from the ballot” and had no authority to investigate his “private motivations.” They maintained that state law does not allow election officials to bar otherwise qualified candidates because their presence could confuse voters.
The Justice Department’s complaint says it would seek an investigation if Sen. Sullivan loses in November but would have prevailed had votes cast for the other Sullivan been credited to him.
A Justice Department spokesperson said the agency filed the complaint “to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters.”
The department alleges that Daniel J. Sullivan’s candidacy violates the National Voter Registration Act, a law enacted to make voter registration more accessible.
