President Trump confirmed he ordered the Department of Justice to file a lawsuit blocking Alaska from certifying its U.S. Senate election results if incumbent Republican Sen. Dan Sullivan loses. The suit, filed less than two weeks before the November 3rd election, cites potential voter confusion due to another candidate named Daniel J. Sullivan on the ballot, which the DOJ argues could benefit Democrat Mary Peltola in a critical race for Senate control.
In a contentious move just weeks before the election, the Department of Justice (DOJ) has filed an extraordinary lawsuit against Alaska, aiming to prevent the state from certifying the winner of its upcoming U.S. Senate election should incumbent Republican Sen. Dan Sullivan face defeat.
The lawsuit, initiated less than two weeks before the critical November 3 election, hinges on concerns over potential voter confusion. It specifically points to the presence of another candidate with a similar name, retired teacher Daniel J. Sullivan, on the ballot alongside the incumbent, Dan S. Sullivan.
The Justice Department contends that this naming similarity could inadvertently benefit Democratic nominee Mary Peltola, potentially tipping the scales in what is anticipated to be an exceptionally close contest. This Alaskan race is one of several closely watched Senate battles that could ultimately determine which party controls the U.S. Senate, where Republicans currently hold a narrow majority.
The suit petitions a federal judge in Alaska to issue an order prohibiting the state from certifying "any result that may be impacted by voter confusion ... pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan." Critics immediately questioned the feasibility of such an investigation, given the inherent anonymity of ballots.
According to the lawsuit, filed in U.S. District Court in Alaska, "The United States accordingly brings this lawsuit to protect the integrity of the 2026 Senate election in Alaska." (Note: The year '2026' in the quote from the lawsuit is likely a typographical error, given the context of the upcoming November 3rd election.) Named as defendants are the state of Alaska, its Elections Division Director Carol Beecher, and various state election boards.
President Donald Trump later confirmed his direct involvement, telling reporters, "I'm the one that said 'do it.'" He asserted that "They have two guys ... named Dan Sullivan, so the Democrats put up a guy." This statement came despite prior assurances from a Justice Department official that the Attorney General's office had no plans to "improperly interfere with elections or the state confirmation process or certification process."
The DOJ's complaint further alleges that Daniel J. Sullivan's "sole purpose" in running for Senate was "to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan." Interestingly, Daniel J. Sullivan only recently registered as a Republican, having previously been affiliated with the Alaska Independence Party.
Both The Cook Political Report with Amy Walter and election tracking site FiftyPlusOne classify the Alaska Senate race as a "toss-up." Polling averages from FiftyPlusOne show Peltola, a former U.S. House member for Alaska, holding a narrow 2-percentage-point lead over Sen. Sullivan.
The lawsuit followed a Truth Social post by President Trump, where he voiced "very concerned about the Dan S. Sullivan Race for the U.S. Senate in Alaska in that it is totally confusing, with the Dumocrats putting up another man, totally unrelated to Politics, named Daniel J. Sullivan, Jr." He lamented, "It's ridiculous that the Court didn't stop this SCAM. Even 1, 2, or 3% could make the difference," and indicated plans to pursue "powerful legal options to remove the fraudulent Daniel J. Sullivan Jr. from the Ballot."
![Former Representative Mary Peltola, a Democratic from Alaska and US Senate candidate, speaks during the [election year] Alaska Fisheries Debate with Senator Dan Sullivan, a Republican from Alaska, not pictured, in Kodiak, Alaska, US, on Saturday, Sept. 12, [election year].](https://image.cnbcfm.com/api/v1/image/108452544-17927704191792770417-49184855183-1080pnbcnews.jpg?v=1792770419&w=750&h=422&vtcrop=y)
Alaska's general election employs ranked-choice voting, where voters rank candidates by preference. If no candidate secures over 50% in the first round, the candidate with the fewest votes is eliminated, and the process continues until a winner emerges with the most votes from the final two contenders.
The lawsuit asserts that "Daniel J. Sullivan's presence on the ballot threatens to mislead Alaskan citizens who want to vote for Senator Sullivan." It warns that some supporters of the incumbent might "inadvertently vote for Daniel J. Sullivan," or become confused on how to rank Republican candidates effectively to defeat Peltola, potentially leading to votes for Daniel J. Sullivan being transferred to Peltola after his likely elimination in early tabulation rounds.
A DOJ spokesperson stated to CNBC that "Alaska's Division of Elections determined that Mr. Daniel J. Sullivan's candidacy was intended to mislead voters and compromise the fairness of the ballot." The spokesperson added that the Justice Department is taking action, consistent with the National Voter Registration Act, to "ensure that this frivolous candidacy does not undermine the integrity of Alaska's election or the will of its voters."
Nate Adams, spokesman for Sen. Sullivan's campaign, downplayed the issue, stating, "Alaskans can tell the difference between a Democrat sideshow and Senator Sullivan's strong record of delivering for Alaska." Conversely, Harry Child, spokesman for Peltola's campaign, condemned the lawsuit as a "despicable political threat to overturn an election, designed by Senator Dan Sullivan's allies to suppress the voices of Alaskans."
Daniel J. Sullivan himself, in a June social media post, claimed his motivation was simple: "I entered this race because I am unhappy with the 12 year record of the current Senator and I feel we need a change."
Devan Barber, executive director of the Democratic Senatorial Campaign Committee, echoed the sentiment of foul play, telling CNBC, "Donald Trump knows that Dan Sullivan is going to lose the election, so now his Department of Justice is filing a sham lawsuit to overturn the will of Alaska voters and steal an election when he loses."
![State of Alaska Official Ballot for the November 3, [election year] General Election.](https://image.cnbcfm.com/api/v1/image/108452161-17927704191792770417-49184855183-1080pnbcnews.jpg?v=1792770419&w=750&h=422&vtcrop=y)
Daniel J. Sullivan initially faced hurdles to appear on the state's primary ballot in June, with the Alaska Division of Elections citing improper filing and a finding that his candidacy was intended to mislead voters. Although the Alaska Supreme Court later upheld his addition to the ballot, his primary performance saw him garner only 2.5% of the vote. This, however, was enough to secure him one of four spots on the general election ballot. In the primary, Peltola led with 49.5%, followed by Sen. Sullivan at 41.4%, and another Republican, Gerald Heikes, with 1.1%.
For the general election, the ballot lists "Daniel J. Sullivan" without a party affiliation, while Sen. Sullivan is listed as "Dan S. Sullivan (registered Republican) incumbent," and Heikes as "Gerald Heikes (registered Republican)."
