President Donald Trump said Friday that he had directed the Justice Department to file a lawsuit that could block certification of Alaska's Senate election results if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola.1,5,7
The department sued on Thursday in Alaska District Court, asking that certification be delayed until an investigation determines "whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan." Daniel J. Sullivan is a second candidate on the ballot whose name closely resembles the incumbent's, and the department's central concern is that voters could be confused by the two names. The lawsuit says the federal government could be harmed if certification is "tainted by a frivolous candidacy because that undermines confidence in the makeup and workings of the federal government."7,1
The lawsuit sets out the conditions under which it says confusion could change the outcome. An election result "may be impacted by voter confusion if: (1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska's rank-choice process played out accordingly, Senator Sullivan would have won the election." Alaska uses ranked-choice voting, in which candidates are eliminated in rounds if no one receives 50% of the initial vote.7
The second Sullivan's name is on the ballot as Daniel J. Sullivan Jr., after the Alaska Supreme Court ruled that he could stay on it and ordered the state's Division of Elections in June to include him in the race. Sen. Sullivan appears on sample ballots as "Sullivan, Dan S. (Registered Republican) Incumbent." The second candidate is described differently across the coverage: Axios called him a retired teacher, the Washington Examiner described him as a former Forest Service employee, and Reason referred to him as Dan L. Sullivan.1,5,7,8
Speaking to reporters in Florida on Friday, Trump said, "I'm the one that said do it." He went on: "They have two guys run -- named Dan Sullivan running. So the Democrats put up a guy. I don't think he ever voted before. All of a sudden, he decides to run for the Senate, and his name is Dan Sullivan. One is Daniel S. One is Daniel J. The Daniel J. is the fake." Trump also explained the situation to Florida Gov. Ron DeSantis, who stood beside him.1,5,7
Daniel J. Sullivan has argued that his candidacy is not a sham, and Peltola's campaign has denied any involvement with his run.7
A Justice Department spokesperson said in a statement, "Alaska's Division of Elections determined that Mr. Daniel J. Sullivan's candidacy was intended to mislead voters and compromise the fairness of the ballot." The statement continued: "Therefore, the Justice Department, consistent with the National Voter Registration Act enacted by Congress, is taking the necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska's election or the will of its voters." The accounts available did not include a statement from the Division of Elections.7
Liz Landers, reporting for PBS NewsHour, noted that Daniel J. Sullivan has voted in Alaska races before. David Becker, a former Justice Department civil rights attorney who is also an election expert, said the matter was purely one of state law and that the department had no authority and no role in it. He described litigation of this kind as unprecedented, an attempt to block certification of an election 11 days before the vote.1
The Cook Political Report rates the race a toss-up, and polling has shown single-digit margins between Sullivan and Peltola. In the primary, Sen. Sullivan received around 41% of the vote, Peltola received 49.5%, and Daniel J. Sullivan received 2.5%. The lawsuit itself acknowledges "there is a realistic chance" that the presence of the second Sullivan on the ballot could tip the race toward Peltola.5,7
The White House referred Axios to the Justice Department. The accounts available did not include a response from Sen. Sullivan to the lawsuit.7,1
Derek Muller, a Notre Dame law professor, said the suit would not survive long, because the National Voter Registration Act, the statute the Justice Department cited, "simply doesn't let the Department of Justice enjoin certification." He added: "The lawsuit could well be mooted by a wide Democratic victory or a narrow Republican one, and if not, the court will likely dismiss it next month."7
