Justice Department sues to block Alaska results if Sullivan loses

The Trump administration has filed a lawsuit that aims to block certification of the Senate election in Alaska if incumbent Republican Sen. Dan Sullivan loses his reelection bid.

The lawsuit, filed Thursday in the U.S. District Court for the district of Alaska, argues that a win for Democrat Mary Peltola could be blocked by the controversial appearance on the ballot of a candidate with the same name as the incumbent.

The filing alleges that Daniel J. Sullivan, who goes by Dan Sullivan, entered the race as a Republican “with the intention of misleading” the incumbent’s supporters, and that his inclusion on the ballot would cause voter confusion.

“Should Alaska certify any electoral results tainted by the inclusion on the ballot of Daniel J. Sullivan … the State and its officers will fail in its obligation to protect the integrity of its election,” the filing reads.

The fight for control of the Senate could come down to Alaska this fall. The Last Frontier is considered a solidly red state that President Trump won by double digits in the last presidential race, but Peltola narrowly leads in recent polls of Senate fight.

Decision Desk HQ’s polling averages put Peltola up by roughly 2 percentage points over Sullivan, with a “lean Democratic” forecast. Cook Political Report still considers the race a “toss up,” with early voting underway.

Alaska Division of Elections Director Carol Beecher launched an investigation earlier this year into Daniel J. Sullivan’s run, citing “credible allegations” that he was running as a spoiler and concluded that he couldn’t appear on the ballot.

She noted the political newcomer’s recent switch to the Republican Party and his ties to a political consultant for Peltola, though Peltola’s camp has said it has no involvement with either Sullivan campaign.

Daniel J. Sullivan appealed to the Superior Court, arguing that Alaskan law does not regulate the “private motivations that draw individuals to declare or campaign for office.”

In a statement at the time, he contended that the attempts to remove him from the ballot “create the impression that the state government is being used to protect an incumbent senator from facing competition at the ballot box.”

A Superior Court judge eventually ruled that the challenger could remain on the ballot for the state’s Aug. 18 primary, from which both Sullivans advanced. But the Justice Department had reportedly launched an investigation into the Dan J. Sullivan campaign.

The ballots for next month’s general election list both “Dan S. Sullivan,” with a note highlighting his party and incumbent status, and “Daniel J. Sullivan Jr,” who is listed without a party affiliation.

Alaska uses ranked-choice voting for the general election.

“We’ll let the DOJ complaint run its course,” the senator Sullivan’s campaign spokesperson Nate Adams told The Hill in a statement. “Alaskans can tell the difference between a Democrat sideshow and Senator Sullivan’s strong record of delivering for Alaska, a record he’ll keep building on for the next six years.”

The Hill has also reached out to Dan J. Sullivan’s campaign.