DOJ Lawsuit Challenges Alaska’s Senate Election Procedures
The Justice Department has filed a lawsuit seeking to prevent certification of Alaska’s Senate election under a specific circumstance: Republican Sen. Dan S. Sullivan loses, but would have won if votes for another candidate, Daniel J. Sullivan, had been counted for him instead. The department says the candidates’ similar names could confuse voters and calls for an investigation into voter intent.
The case comes after months of disputes over Daniel J. Sullivan’s place on the ballot. Alaska election officials initially sought to remove him, questioning whether he was genuinely running for office. A state judge ruled that the proposed “good faith” requirement was not part of Alaska law, and the Alaska Supreme Court upheld that decision. The ballot will identify the candidates by middle initial and label the sitting senator as the incumbent.
The Justice Department argues that Daniel J. Sullivan’s candidacy is intended to help Democrat Mary Peltola. It cites the National Voter Registration Act’s stated purpose of protecting election integrity. Election-law specialists question whether the act gives the federal government authority to halt certification or reassign votes based on presumed voter intent. They also note that the state courts have already addressed the ballot dispute.
Peltola’s campaign and the Democratic Senatorial Campaign Committee have asked to join the case in opposition to the Justice Department. Common Cause has also sought to intervene. Republican Sen. Lisa Murkowski, who endorsed the incumbent, criticized the filing. A spokesperson for Dan S. Sullivan’s campaign said it would let the complaint proceed through the courts.
Earlier federal cases under the registration act have generally concerned voter-registration procedures and voter rolls. This lawsuit instead asks a court to intervene in the counting and certification of a Senate race. Its outcome could clarify whether the law permits that kind of federal challenge to a state’s election process.