Federal suit seeks to save Alaska vote from 'Decoy Dan' confusion

U.S. Attorney General Todd Blanche is defending a federal lawsuit filed against Alaska to protect the integrity of the state's Senate race. He appeared on CBS's Face the Nation on Oct. 26 to explain the Department of Justice's strategy. Blanche insisted the legal action is necessary to safeguard federal law and the voting process in the state.

The conflict centers on two candidates with the same name appearing on the ballot. Incumbent Republican Sen. Dan S. Sullivan is running against a challenger named Dan J. Sullivan, widely known as "Decoy Dan." Blanche noted that Alaska’s Division of Elections stated the challenger, Daniel J. Sullivan Jr., is running solely to confuse voters. He argued that this tactic is designed to siphon support away from the incumbent in a close contest with Democrat Mary Peltola.

Blanche acknowledged that the Alaska Supreme Court allowed the second Sullivan to remain on the ballot. However, he said the state court did not address how federal law applies to election integrity. The Justice Department argues that a federal court needs to intervene to ensure ballots are preserved correctly. This preservation is critical because Alaska uses a ranked-choice voting system where voters can rank multiple candidates.

The lawsuit does not seek to take over the certification process entirely. Blanche clarified the department's position during the interview. "It’s not saying don’t certify," he said. "It’s saying if a court ultimately determines that it was decided because of confusion and not the will of the voters, then we do not think the state should certify."

Voters in the race include Dan S. Sullivan, who is listed as the incumbent on mail-in ballots that have already been printed and mailed out. The state election director has warned that voter confusion is likely given the similar names. Blanche cited these official warnings to support the need for a federal legal framework to handle the results.

The primary goal of the suit is to prevent the certification of results that may be impacted by this confusion. Blanche emphasized that the department is not acting to control the outcome but to ensure the process follows the law. The case will be heard in a federal court in the final days before the election.

The next scheduled event in this legal battle is the Nov. 3 midterm election. Voters will cast their ballots with both Sullivans on the ballot. The federal court will then review whether the preservation of ballots allows for a clear determination of voter intent under the ranked-choice rules.