DOJ sues to pause Alaska Senate certification over name mix-up

The U.S. Department of Justice filed a lawsuit in Alaska seeking to delay the official certification of the state's Senate election results. Federal officials argue that two candidates with nearly identical names created enough confusion to warrant holding the certification process in abeyance. The suit was filed approximately two weeks before the October 22 general election.

The legal dispute centers on the presence of incumbent Republican Senator Dan Sullivan and a retired schoolteacher named Daniel J. Sullivan on the same ballot. The DOJ contends that votes cast for the retired teacher may have shifted the final outcome if voters intended to select the incumbent. Attorney General Todd Blanche suggested that officials could analyze ranked-choice voting patterns to identify signs of such confusion.

The campaign of Democratic candidate Mary Peltola and the Democratic Senatorial Campaign Committee filed a motion to dismiss the case on Sunday. They argue that the federal law cited by the DOJ governs voter registration rather than ballot design or candidate eligibility. The Democratic side urged the court to decide the matter before Election Day to prevent unnecessary delays in the state's certification process.

Reports from The New York Times indicated that the Peltola campaign worked with operatives to recruit the retired schoolteacher to run. The goal was to draw support away from the incumbent through voter confusion. The Peltola campaign has denied direct involvement in the second Sullivan's candidacy, despite evidence that the effort targeted other potential spoiler candidates.

Alaska's Division of Elections initially disqualified the schoolteacher, citing a lack of good faith. Superior Court Judge Thomas Matthews overturned that decision in June, ruling that the state division lacked the authority to void the candidacy on those grounds. The general election ballot listed the incumbent as "Sullivan, Dan S." with party and incumbent designations, while the other candidate appeared as "Sullivan, Daniel J. Jr." without a party affiliation.

Legal experts are divided on the strength of the federal case. Derek Muller, a law professor at Notre Dame, described measuring voter intent after the fact as nearly impossible. Ben Hovland of the Center for American Progress called the claim under the National Voter Registration Act unprecedented. Walter Olson of the Cato Institute predicted the state would likely win in federal court on the question of whether federal law was violated.

Conservatives have supported the DOJ position, noting that shared names are not standard grounds for disqualification. Opponents point to Alaska's ranked-choice voting system as a mechanism that may mitigate mistaken selections. The DOJ did not respond to requests for comment regarding the current status of the legal battle as Alaska moves to dismiss the case.