DOJ sues to delay Alaska election results if GOP incumbent loses
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President Trump shakes hands with Sen. Dan Sullivan (R-AK) as during a campaign rally in Wasilla, Alaska, on October 13. Photo: Kent Nishmura / AFP via Getty Images
The Trump administration sued Alaska on Thursday to delay certification of election results if incumbent Republican Sen. Dan Sullivan loses.
Why it matters: The race between incumbent Sullivan, Democrat Mary Peltola, and retired teacher Dan Sullivan has been marked by controversy, with Republicans accusing Democrats of trying to confuse voters by planting a candidate with the same name.
- Alaska's use of ranked-choice voting, which eliminates candidates in rounds if no one gets 50% of the initial vote, complicates matters.
- "An election result may be impacted by voter confusion if: (1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska's rank-choice process played out accordingly, Senator Sullivan would have won the election," the lawsuit, filed in Alaska District Court, states.
Zoom in: Because of a previous Alaska Supreme Court decision and Sullivan's name already being on the ballot, the administration contended in the lawsuit that the only means to ensure that the winner of the race is voters' choice "is to ensure that the certification is not impacted" by his candidacy.
- The lawsuit requests a delay in certification until after an investigation determines "whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan."
What they're saying: "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," a DOJ spokesperson said in a statement.
- "Therefore, the Justice 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 White House referred Axios to the DOJ.
President Trump told reporters Friday that he told the DOJ to file the suit against Alaska.
- He then explained the situation to Florida Gov. Ron DeSantis, who stood beside him, and then called Daniel J. Sullivan "the fake" candidate.
Catch up quick: The retired teacher Sullivan will appear on the ballot as Daniel J. Sullivan Jr. after the state's Supreme Court ordered the state's Division of Elections to include him in the race in June.
- Senator Sullivan will appear as "Sullivan, Dan S. (Registered Republican) Incumbent," per the state's sample ballots.
- Sullivan has argued his candidacy is not a sham, and Peltola's campaign has denied any involvement with his run.
The intrigue: The race is among those being closely watched as Democrats appear to be making inroads in red territory.
- The administration acknowledged the tight race in its lawsuit, saying "there is a realistic chance" that the non-incumbent Sullivan's presence on the ballot could tip the scales for Peltola.
Flashback: In the primary, Senator Sullivan collected around 41% of the vote, versus Sullivan's 2.5%. Peltola earned 49.5%
- Cook Political Report currently rates the race as a toss-up.
Reality check: Notre Dame law professor Derek Muller tells AP that the Alaska suit won't survive long, since the National Voter Registration Act — the statute cited by the DOJ in the suit — "simply doesn't let the Department of Justice enjoin certification."
- "The lawsuit could well be mooted by a wide Democratic victory or a narrow Republican one, and if not, the court will likely dismiss it next month," he said.
Go deeper: Scoop: NRSC pleads for $9M to defend three red seats
Editor's note: This story has been updated with a statement from the Department of Justice and President Trump.
