Alaska Asks Judge to Toss DOJ Suit Over Senate Race, Sullivan Names

The State of Alaska asked a federal judge on Oct. 27 to dismiss a U.S. Department of Justice lawsuit that could block certification of the U.S. Senate race if Republican Sen. Dan Sullivan loses narrowly to Democrat Mary Peltola. The state's filing came as U.S. District Judge Sharon Gleason set an expedited schedule and said she could rule on motions to dismiss as early as Friday night.

The Alaska Department of Law, representing the Division of Elections and director Carol Beecher, argued the suit "has no legal basis" and would erode confidence in the vote. "Delaying certification of Alaska's election results, but only if a particular candidate does not win, would interfere with state election administration and threaten election integrity," the filing states.

The Department of Justice sued on Oct. 22, arguing that if Sullivan loses, it could be because voters were confused by another candidate on the ballot with a nearly identical name. The suit cites only the National Voter Registration Act. State lawyers note that law governs registration, not ballot counting or certification. The state also said it has minimized confusion by listing the two Sullivans differently and identifying Sen. Sullivan as the Republican incumbent. The ballot lists the challenger as Daniel J. Sullivan Jr. of Petersburg with no party affiliation.

Peltola's campaign and nonprofit watchdog groups have filed their own motions to dismiss on similar grounds. University of Kentucky Law Professor Joshua Douglas called the suit's basis unusually thin: "This case is a press release disguised as a lawsuit." President Donald Trump said he personally ordered the action after holding an Alaska rally this month to back Sullivan's reelection.

The state's posture marks a reversal. This summer, at Republican requests, Alaska officials tried to keep Daniel J. Sullivan off the ballot, contending he aimed to confuse voters. The Alaska Supreme Court ruled the state could not bar the retired teacher from running. Gleason noted the timing in her order: "After Alaskans had already begun casting their ballots for the November 2026 election, and nearly four months after the Alaska Supreme Court directed the Division of Elections to include Daniel J. Sullivan on the ballot for the upcoming United States Senate election, the United States initiated this action on October 22, 2026."

The lawsuit asks a court to block or delay certification if Sullivan loses to Peltola but would have won had ballots cast for the other Sullivan been counted for the senator. If that occurs, it calls for an investigation into voter confusion. The state responds that probing voter intent would breach ballot secrecy. Its filing adds that Alaska law lets voters receive help from others, and that a voter who remains unsure "can rank both Sullivans as his first and second choices under Alaska's ranked-choice voting system so that his vote will count for either Sullivan over any other candidate." Gleason could rule on the motions to dismiss as early as Friday night.