DOJ sues Alaska over identical Senate candidate names

The Department of Justice filed a federal lawsuit in Alaska on October 19, seeking to delay the certification of the state's Senate election under specific conditions. Attorney General Todd Blanche defended the action by citing federal election law and the National Voter Registration Act. The suit does not ask courts to remove any candidate from the ballot or stop votes from being cast. Instead, it requests a hold on certification if incumbent Senator Dan S. Sullivan loses the general election but would have won had votes cast for Daniel J. Sullivan Jr. been counted for the incumbent. The filing relies solely on federal statutes and was drafted by Justice Department attorneys without coordination with any political campaign.

The legal dispute centers on a unique situation in Alaska's primary system. State election officials initially disqualified Petersburg resident Daniel J. Sullivan Jr. because they feared his candidacy would confuse voters. They cited his requested ballot name, recent party registration, and similarities in campaign materials. An Alaska Superior Court judge overturned that disqualification, allowing the namesake candidate to remain on the ballot. The Alaska Supreme Court subsequently upheld that ruling, concluding the state-level ballot-access dispute. The Justice Department filed its federal challenge after these state proceedings concluded.

Senator Adam Schiff, D-Calif., criticized the federal intervention, arguing the Justice Department has no standing to intervene in a matter already settled by Alaska courts. Schiff told NBC News on Sunday that it is not the federal government's business to run Alaskan elections. He described the move as evidence of complicity with the Trump campaign to subvert elections. Schiff noted that senior Justice Department officials, including former Attorney General William Barr, refused to support efforts to overturn the 2020 presidential election results. He predicted the current case has no chance of succeeding.

Republicans counter that Democrats supported the second Dan Sullivan to draw votes away from the incumbent. They claim the independent candidate entered the race to help former Democratic Representative Mary Peltola. Peltola and her campaign deny the claim. The Justice Department filing states that the sole purpose of the Petersburg candidate's candidacy is to benefit the Peltola campaign by reducing votes for Senator Sullivan. The filing includes a letter from Alaska Division of Elections Director Carol Beecher. Beecher alleged the Petersburg candidate's declaration was not properly filed because it was not intended as a good-faith candidacy. The complaint also features a side-by-side comparison of the two candidates' campaign banners, highlighting visual similarities.

President Donald Trump stated he recommended the Justice Department file the suit. He described the Petersburg Sullivan candidacy as a matter of confusion and called the situation a disgrace. The White House provided these comments when asked about Schiff's accusations. Blanche emphasized that the litigation ensures voter ballots are preserved so that only Alaska's governing officials have the necessary information to determine if voters were confused or misled.

The general election ballot includes four candidates. Peltola placed first in the August primary. Senator Sullivan finished second, and Daniel J. Sullivan Jr. finished third. Gerald Heikes, a Republican and drywall contractor from Palmer, will appear as the fourth candidate on the ballot. Heikes secured the spot after a Democrat who had placed ahead of him in the primary withdrew.

The Justice Department seeks a judicial determination on whether Alaskan voters were confused by the identical names. The case will proceed in federal court while state officials prepare for the general election. The outcome of the suit could impact when the state certifies the winner if the margin of victory is narrow enough that the split between the two Sullivans determines the result.