Attorneys representing Alaska Democratic Senate candidate Mary Peltola and Senate Democrats filed a motion Friday urging a federal judge to dismiss a Justice Department lawsuit that seeks to block the results of the state’s upcoming Senate election if Republican incumbent Dan S. Sullivan loses.
The motion, submitted on behalf of Peltola’s campaign and the Democratic Senatorial Campaign Committee, sharply criticized the legal challenge. The filing characterized the federal government’s action as an unprecedented pre-emptive strike on democratic elections and part of a broader nationwide attack on free elections.
The underlying federal lawsuit was filed against Alaska election officials on Thursday by the Justice Department. The administration’s legal action argues that the appearance of independent candidate Dan J. Sullivan Jr. on the ballot could mislead voters who intend to vote for Senator Dan S. Sullivan’s re-election. The filing followed repeated public complaints from President Donald Trump regarding both the Republican incumbent facing a challenger with a similar name and the state’s use of ranked-choice voting.
In a social media post on Wednesday, Trump expressed strong concern over the contest, calling it totally confusing and criticizing the courts for not stopping the process. The DOJ lawsuit asks the federal court to block certification of the Alaska Senate results if Senator Sullivan does not win and if hypothetical calculations—assuming votes cast for Dan J. Sullivan Jr. were instead credited to the incumbent—would have altered the outcome under ranked-choice procedures.
The motion filed by Peltola and Senate Democrats pushes back against that premise, arguing that the federal government’s assumption disrespects voters and conflicts directly with Alaska’s ranked-choice voting rules and the distinct differentiation between the candidates on the ballot. The filing also asserts that the campaign and the DSCC are entitled to intervene to defend the election, expressing skepticism that existing state defendants would vigorously contest the DOJ’s demands given past efforts by officials to exclude Daniel J. Sullivan Jr. from the ballot earlier in the year.
Controversy surrounding Dan J. Sullivan Jr.’s candidacy dates back months. In June, Alaska election officials removed him from the ballot after determining his candidacy was not in good faith, but a state judge overturned that decision later that month, reinstating his campaign. Trump has alleged that Democrats recruited Dan J. Sullivan Jr. to create voter confusion, a claim that the candidate has denied. Reports indicated that federal and state investigators examined whether Dan J. Sullivan Jr.’s candidacy involved a conspiracy to confuse voters.
The federal lawsuit was filed less than two weeks before Election Day, after early voting had already begun in the state. Legal and election experts have noted that the Justice Department’s case faces significant hurdles, given that U.S. elections are run and certified by state and local officials rather than the federal government, placing statutory limits on the DOJ’s role in local election administration. The nonpartisan Cook Political Report has rated the Alaska Senate contest as a toss-up as Democrats vie for control of the chamber.
