What the federal complaint asks for
The Justice Department filed suit on Friday seeking to prevent Alaska from certifying its Senate election if Republican incumbent Dan Sullivan does not win. The complaint targets a narrower situation: a defeat that would have been a victory had ballots cast for Daniel J. Sullivan, another Republican in the race, been credited to the incumbent instead. The department wants a federal court to hold off certification in that circumstance while investigators look into what voters intended.[S1]
According to the filing, Daniel J. Sullivan chose to appear on the ballot under the same name and party label as the sitting senator, a decision the government says was designed to sow confusion and could divert support toward Democratic challenger Mary Peltola, a former congresswoman. The department contended that letting him stay on the ballot risks misleading Alaskans who intend to back the incumbent, and that some of those voters will probably mark their ballots for the other Sullivan by mistake.[S1]
Ranked-choice mechanics and the legal theory
The general election ballot also includes Gerald Heikes, another Republican, and the outcome will be settled through ranked-choice voting. The Justice Department argued that backers of the incumbent may be unsure how to order the three Republicans to keep Peltola from winning, and that some could leave Senator Sullivan off their rankings entirely. Alaska courts had already allowed Daniel J. Sullivan to remain a candidate, but the department maintains that certifying a result shaped by that confusion would conflict with the National Voter Registration Act.[S1]
Alaska overhauled its election system in 2020 and used ranked-choice voting for the first time in 2022, moving away from party primaries in an effort to reduce polarization. The state has produced surprising outcomes before, including 2010, when Senator Lisa Murkowski retained her seat through a write-in bid after losing the Republican primary.[S1]
Coverage across national outlets
The lawsuit drew wide attention, with NBC News, Bloomberg, the BBC, CNN, The New York Times, Reuters and The Washington Post all reporting the Justice Department's move to block certification of the Alaska Senate results should the Republican incumbent lose.[S2][S3][S4][S5][S6][S7][S8]
