Justice Department Sues Over Alaska Senate Count

The suit seeks to hold off certification if Sen. Dan Sullivan loses to Mary Peltola, citing a second candidate named Sullivan on the ballot; Peltola's campaign calls it a threat to overturn the election.

By Richthrax · Oct. 25, 2026

The Trump administration has sued Alaska to delay certification of the state's U.S. Senate election if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola, arguing that a second candidate named Sullivan could confuse voters.

The Justice Department filed the suit Thursday, Oct. 22, in U.S. District Court for the District of Alaska, naming the state, Elections Director Carol Beecher and the state's election boards, JURIST reported.

The four candidates on the ranked-choice ballot are Sullivan, Peltola, Gerald Heikes and Daniel J. Sullivan, a retired teacher, CBS News reported. A sample ballot lists the incumbent as "Sullivan, Dan S. (Registered Republican) Incumbent" and the other candidate first as "Sullivan, Daniel J. Jr.," with no party affiliation.

What the suit asks

Citing the National Voter Registration Act, the department asks that certification be delayed until an investigation determines "whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan," Axios reported. The filing says some Sullivan supporters "likely will inadvertently vote for Daniel J. Sullivan" and others "might not rank Senator Sullivan at all," according to CBS News.

The suit concedes "there is a realistic chance" Daniel J. Sullivan's presence could tip the race to Peltola, Axios reported. In the August primary, Peltola received 49.5%, Sullivan 41.4% and Daniel J. Sullivan 2.5%, according to JURIST.

A department spokesperson called the candidacy "frivolous," according to CBS News, and said, "Alaska's Division of Elections determined that Mr. Daniel J. Sullivan's candidacy was intended to mislead voters," Axios reported.

Attorney General Todd Blanche said on X that the department "does not seek to stop any ballot from being cast" or stop certification, and that the suit ensures ballots are preserved so Alaska officials can determine whether voters were confused, CBS News reported.

President Donald Trump called the ballot "totally confusing" and "CHEATING" on Truth Social. Asked about the suit, he said, "I'm the one that said do it," TIME reported.

The other side

Beecher ruled Daniel J. Sullivan ineligible in June, saying his candidacy was not filed in good faith. A state judge reversed that decision, finding the good-faith standard absent from state law, and the Alaska Supreme Court upheld the ruling June 29, TIME reported. His lawyers had argued officials had no power to examine his "private motivations," according to CBS News.

Peltola campaign spokesperson Harry Child called the suit "a despicable political threat to overturn an election," CBS News reported. Axios reported the campaign denies any involvement in Daniel J. Sullivan's candidacy.

On Friday, Oct. 23, Peltola's campaign and the Democratic Senatorial Campaign Committee moved to join the case as defendants. "Alaskans, apparently, must elect Senator Dan S. Sullivan or the President will not let them elect anyone at all," their filing said, according to TIME. Common Cause, represented by the ACLU, also moved to join to oppose the suit.

Sen. Lisa Murkowski, R-Alaska, said the department "should never have filed this lawsuit," CBS News reported, noting the state had already distinguished the candidates on the ballot.

Sullivan campaign spokesperson Nate Adams expressed confidence in the senator's re-election and said, "We'll let the DOJ complaint run its course," TIME reported.

Notre Dame law professor Derek Muller told The Associated Press the voter registration law "simply doesn't let the Department of Justice enjoin certification," according to Axios.

Election Day is Nov. 3. Cook Political Report rates the race a toss-up, Axios reported.