The US Justice Department sued Alaska's election officials on Thursday, asking a federal court to block certification of next month's Senate result if the Republican incumbent, Dan S. Sullivan, does not win.
The suit rests on an unusual claim: that a second candidate named Dan Sullivan on the same ballot could confuse voters and cost the senator his seat.
Two Sullivans, one ballot
Daniel J. Sullivan Jr., a retired schoolteacher, filed to run for the Senate this year. Alaska's Division of Elections first rejected his paperwork; he sued, a state judge ruled he was eligible, and the Alaska Supreme Court upheld that ruling.
The department wants an order blocking certification unless the incumbent wins, or unless a court finds that had every vote cast for Daniel J. Sullivan gone to Senator Sullivan, the ranked-choice count would still have produced the same winner.
'I'm the one who said do it'
The filing was signed by Associate Attorney General Stanley Woodward, who before joining the department represented Trump allies and defendants charged over the 6 January 2021 attack on the Capitol.
Hours before the suit landed, Attorney General Todd Blanche told reporters it was "never our intention to improperly interfere with elections or the state certification process". On Friday, President Donald Trump told reporters he had directed the action. "I'm the one who said do it," he said.
Democrats have asked the judge to dismiss the case, arguing that the Constitution gives states, not the executive branch, the job of running and certifying elections. Alaska officials say they will defend their process in court.
Why Alaska matters
The race, against Democratic former congresswoman Mary Peltola, is one of a handful that could decide control of the Senate. Election day is 3 November, eight days after the suit was filed and before any vote has been cast.
It is the second election case the administration has opened in a week. The department has also sued California counties demanding help identifying non-citizen voters; a federal appeals court appeared sceptical of that suit on Monday.
Election law scholars say the Alaska filing is unusual because it asks a court to decide in advance which result it will accept, rather than challenging a count after it happens.