Justice Department sues to freeze Alaska Senate results

The Justice Department filed a lawsuit last week to block the certification of the Alaska Senate race results until it determines if voters were confused by a candidate sharing the incumbent's name. This move intervenes in the final days of a contest that could decide control of the U.S. Senate.

The federal action follows reports that the campaign of Democrat Mary Peltola recruited a retired teacher named Daniel J. Sullivan Jr. to run against Republican Sen. Dan Sullivan. The New York Times reported that internal texts and communications showed the Peltola campaign orchestrated the recruitment. President Donald Trump subsequently called for Peltola to be prosecuted. The Justice Department has issued subpoenas in a criminal investigation.

The practice of using "spoiler" candidates with identical names has a long history in American politics. In 1946, a Boston city councilman named Joe Russo ran against a 27-year-old janitor of the same name to help John F. Kennedy win a primary. More recently, in Florida in 2020, a candidate named Alex Rodriguez won 6,382 votes as an independent, helping a Republican defeat a Democrat also named Rodriguez by 32 votes. A former state senator involved in that scheme was later convicted and sentenced to 60 days in jail.

Alaska's ranked-choice voting system complicates the situation. Any candidate can join the primary ballot with a $100 filing fee, and the top four finishers advance to the general election. Voters can rank three choices. Jason Torchinsky, a campaign finance attorney, said this structure makes the system vulnerable to manipulation by outside actors. He noted that traditional systems require party nominations and thousands of signatures, which act as a barrier to entry.

Critics argue the Justice Department is using its power for political ends. Justin Levitt, a former Justice official and law professor at Loyola Marymount University, said the department's timing is unusual. He noted that while the behavior may be distasteful, it is common in politics and does not necessarily violate federal law. The Justice Department defended its actions on Wednesday, stating it is following the facts and the law rather than a political timetable.

The Peltola campaign and the Democratic Senatorial Campaign Committee have both denied involvement in the scheme. Peltola previously served as Alaska's sole House member and lost her 2024 reelection bid. In that race, Republicans supported a New York inmate on the ballot. Now, Sullivan's campaign is urging Alaskans to rank both Sullivans and exclude Peltola. David Becker, an election expert, expects a judge to reject the federal lawsuit soon if Sullivan does not win.

The race features three other challengers on the final ballot. The outcome will determine whether Republicans or Democrats hold the majority in the Senate. The federal investigation continues as the state prepares to certify the winner.