Justice Department Sues to Delay Alaska Senate Certification

The Justice Department has filed a lawsuit in federal court seeking to prevent Alaska from certifying the results of the state Senate race if Democrat Mary Peltola defeats incumbent Republican Dan S. Sullivan. The move marks an aggressive federal intervention in a state election, aiming to pause the official declaration of victory to allow for a review of voter intent.

The suit argues that voters may become confused by the presence of Dan J. Sullivan, a candidate whose name is nearly identical to that of the incumbent. On Friday, federal lawyers asked a judge to order the state to segregate specific ballots. The department contends this pause is necessary to determine whether voters intended to select the incumbent or the other candidate with the similar name.

Attorneys representing Alaska described the legal strategy as an unprecedented interpretation of federal law. They noted that the suit relies on the National Voter Registration Act, a statute that governs voter registration requirements rather than candidate eligibility or election administration. The state's filing urged the court to reject the interpretation, warning that it would grant federal agencies limitless authority to interfere in state-run elections.

The lawsuit is part of a broader set of actions taken by the administration in the closing days of the campaign. In California, the department sued to block the counting of ballots from more than 20,000 voters it believes may be noncitizens. It also threatened to charge election officials with aiding and abetting illegal voting if they counted those ballots. A federal grand jury issued subpoenas to Los Angeles County officials for emails and text messages regarding their handling of these demands.

Federal courts have largely rejected the administration's strategies so far. District Judge David O. Carter ruled that the plan to set aside ballots in California would probably violate the Voting Rights Act, the Civil Rights Act, and the National Voter Registration Act. The Ninth Circuit Court of Appeals upheld that decision on a two-to-one vote. The majority opinion stated that the Justice Department had not identified any federal authority allowing it to take charge of a state's administration of an ongoing election.

In San Francisco, Judge Trina L. Thompson issued an emergency order barring the department from making further demands that election workers remove voters from rolls or not count specific ballots. The ruling also prohibited officials from threatening to prosecute election administrators who do not accede to their orders. Thompson wrote that state and local employees performing election duties do not violate federal criminal law if they follow state and federal election laws, even if a ballot belongs to a voter the administration deems ineligible.

Robert Weiner, director of voting rights for the Lawyers’ Committee for Civil Rights Under Law, described the cases in Alaska and California as a desperate attempt to challenge results the administration does not like. He said the approach departs from the department's long-standing independence from the White House. Weiner quoted Attorney General Todd Blanche’s view that he works for President Trump, suggesting the department is following that directive.

In Alaska, the Justice Department is also conducting a separate criminal investigation into the origins of Dan J. Sullivan’s candidacy. Federal prosecutors issued dozens of subpoenas and record preservation notices this week seeking access to text messages and other communications. These records were referenced in a recent report suggesting the Peltola campaign was involved in recruiting Dan J. Sullivan to run, a claim Peltola denies. A department official said prosecutors are exploring civil rights charges alleging a conspiracy to deprive Alaska voters of their right to a fair election.

Alaska’s U.S. attorney, Michael J. Heyman, told reporters on Friday that every Alaskan deserves a fair election and that they are going to get one. The suit calls for Alaska’s results to be put on hold if the incumbent narrowly loses, allowing an investigation to determine voter intent. The department has not indicated how it will conduct such an investigation while protecting ballot secrecy, a task complicated by Alaska’s use of ranked-choice voting.

The administration has also sent letters to election administrators in every state reminding them to preserve poll books and other election records. The letters, signed by acting deputy attorney general Trent McCotter, threatened prosecution if records were not preserved. McCotter told reporters that cracking down on illegal voting is not a threat to elections, but an effort to ensure every citizen has their vote counted.