Justice Department asks court to bar certification of Alaska Senate result if second Dan Sullivan’s votes decide it

By Kenji Harrow

WASHINGTON — The Justice Department has asked a federal court in Anchorage to bar Alaska election officials from certifying the result of next month’s U.S. Senate race if votes cast for a second candidate named Dan Sullivan could have changed the outcome, arguing that his candidacy was designed to mislead supporters of Sen. Dan Sullivan, the Republican incumbent.

The complaint, filed Thursday in the U.S. District Court for the District of Alaska (No. 3:26-cv-00376), says the department is acting “to protect the integrity of the 2026 Senate election in Alaska.” It rests on a finding by the state’s own elections director in June that Daniel J. Sullivan’s declaration of candidacy was filed “with a purpose to confuse or mislead and to thereby compromise the ballot’s fairness or neutrality.”

“I’m the one that said do it,” President Trump told reporters Friday, calling the second Sullivan’s candidacy “a disgrace,” NBC News reported. A Justice Department spokesperson told NBC that the candidacy “was intended to mislead voters and compromise the fairness of the ballot,” and that the department, “consistent with the National Voter Registration Act enacted by Congress, is taking the necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters.”

The Inquisitor asked the White House on Saturday for any further comment on the president’s role and on the relief the department is seeking. It did not immediately respond.

What the department is asking for

The suit names the State of Alaska, Division of Elections Director Carol Beecher, the state’s election boards and its State Ballot Counting Review Board. It brings a single count under the National Voter Registration Act, citing the law’s stated purpose to “protect the integrity of the electoral process” and the attorney general’s authority to seek declaratory or injunctive relief to carry it out.

The department defines a result that “may be impacted by voter confusion” as one in which Sen. Sullivan does not win, but would have won had every vote for Daniel J. Sullivan gone to him instead and Alaska’s ranked-choice tabulation played out accordingly. It asks the court to declare that certifying such a result would violate the state’s duties under the act, and to bar certification “pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan.”

The complaint cites the Aug. 28 primary results: Democrat Mary Peltola received 49.5 percent, Sen. Sullivan 41.4 percent, Daniel J. Sullivan 2.5 percent and Republican Gerald Heikes 1.1 percent. All four advance to the ranked-choice general election. “Many polls indicate that the race between Senator Sullivan and Peltola will be within one or two percentage points,” the filing says.

The state’s earlier finding

According to the complaint, the Division of Elections found in a June 15 letter that Daniel J. Sullivan asked to appear on the ballot as “Dan Sullivan,” a name he did not register to vote under; asked to be designated as affiliated with the Republican Party, with which the division said he had never been affiliated in Alaska; worked with a consultant the division described as a longtime supporter of Democratic candidates; and used a campaign website similar in format and color scheme to the senator’s.

A state trial court ruled that the division erred in excluding him, and the Alaska Supreme Court summarily affirmed on June 29, saying a full opinion would follow; the complaint says that opinion has not been issued. The November ballot lists the incumbent as “Dan S. Sullivan” with “registered Republican” and “incumbent” beside his name, and the second candidate as “Daniel J. Sullivan Jr.” with no party listed, NBC reported.

Daniel J. Sullivan, a former teacher, has denied that his candidacy is a sham. “I have every right to run for whatever office I’m qualified for, and I’m qualified for this office,” he told the Associated Press in June. A Peltola spokesperson said earlier this year that her campaign has no involvement with either Sullivan campaign.

Reaction

Alaska’s Division of Elections said it was reviewing the complaint and was “focused on running the ongoing election and giving voter’s confidence that their votes will count.” Sen. Lisa Murkowski, R-Alaska, wrote on X that “the State of Alaska has already handled this by clearly distinguishing the candidates on this year’s ballot” and that the department “should never have filed this lawsuit.” Peltola called the suit “the corruption AK is fed up with.” David Becker of the Center for Election Innovation & Research called it “an unprecedented intervention by the federal government” in a matter of state law.

Attorney General Todd Blanche, speaking to reporters Thursday, said “it is not DOJ’s intention to, and it’s never our intention to, improperly interfere with elections or the state confirmation process or certification process,” according to NBC.

The Inquisitor also sought comment from the Justice Department, Sen. Murkowski’s office, the Alaska Division of Elections, the Brennan Center for Justice and the Campaign Legal Center. None had responded by publication. This story will be updated with any response.

Photo: Sen. Dan Sullivan, R-Alaska, in his official portrait. United States Senate / Wikimedia Commons, public domain.