DOJ Files Amended Lawsuit to Block Alaska Senate Certification

The United States Department of Justice filed an amended complaint on Thursday seeking to decertify the results of the Alaska Senate race if incumbent Republican Dan S. Sullivan loses. The legal action arrives days before the November 3 midterm election, which will determine control of Congress. The lawsuit accuses Democratic challenger Mary Peltola and her campaign of interfering with the election by placing a candidate with a nearly identical name on the ballot.

Prosecutors argue that Peltola’s team recruited Dan J. Sullivan Jr., a retired teacher, to run as a spoiler candidate. The goal, according to the complaint, was to draw votes away from the incumbent and mislead voters. The Justice Department issued 40 subpoenas and document preservation requests as part of this renewed legal push. Alaska Governor Mike Dunleavy ordered a criminal investigation into the allegations, though Peltola’s campaign has denied any involvement in the rival candidate’s bid.

The dispute centers on a New York Times report from Wednesday alleging that members of Peltola’s campaign helped recruit Dan J. Sullivan Jr. This practice, known as ballot stacking, is generally considered legal and has been used by both parties in Alaska. In June, the Alaska Supreme Court ruled that Dan J. Sullivan Jr. could compete in the midterms. The state’s election office has taken steps to reduce confusion between the two candidates, but federal prosecutors maintain that the process undermined voter intent.

Critics of the lawsuit question the federal government’s authority to intervene in a state-administered election. Justin Levitt, a former Justice Department official under President Joe Biden, told the Associated Press that he is unsure what federal violations justify the investigation. “I don’t know what they’re putting out subpoenas to investigate because I don’t know what federal violations are implicated that DOJ would have jurisdiction over,” Levitt said. He added that the investigation seems designed to become the story itself.

The Alaska Senate seat is one of seven key races likely to decide whether Republicans keep their majority in the upper chamber. Republicans currently hold 53 of 100 Senate seats. Democratic candidates are attempting to win seats by capitalizing on President Donald Trump’s unpopularity and voter frustration over the cost of living. Trump has suggested he may not accept the midterm results if his party loses its majorities and has pushed claims of widespread voter fraud.

The Justice Department has also attempted to challenge voting processes in other states, including California. The amended complaint states that Peltola and her allies orchestrated Dan J. Sullivan Jr.’s campaign for the purpose of misleading Alaskan voters. The outcome of this legal battle will determine if Alaska’s election office must certify the results or if the state must delay certification pending further review. The next scheduled step is the November 3 election, after which certification procedures will begin unless the court orders otherwise.