State files motion to dismiss federal lawsuit over Senate ballot

The state of Alaska filed a motion on Monday to dismiss a lawsuit brought by the U.S. Department of Justice regarding the state’s Senate ballot. The filing seeks to block federal efforts to prevent state officials from certifying election results if Republican incumbent U.S. Sen. Dan S. Sullivan loses his bid for a third term. The Justice Department suit, filed last week, also requests an investigation into whether votes cast for Dan J. Sullivan, a retired educator from Petersburg, were intended for the incumbent.

Rachel Witty, director of the Civil Division in the Department of Law, submitted the 20-page motion on behalf of Carol Beecher, director of the Division of Elections. The filing also represents the state election and ballot-counting review boards. Beecher and Lt. Gov. Nancy Dahlstrom, who oversees the elections division, are both Republicans. Dahlstrom received an endorsement from President Donald Trump during her 2024 campaign for Alaska’s congressional seat.

The state argues that the federal government has no standing to sue over the inclusion of the Petersburg candidate on the ballot. The motion contends that the lawsuit violates legal precedent protecting ballot secrecy by attempting to investigate voter intent. It notes that Alaska’s ranked choice voting system allows voters to rank both candidates, reducing potential confusion. The ballot lists the challenger as Daniel J. Sullivan Jr. with no party affiliation, while the incumbent appears as Dan S. Sullivan, the Republican incumbent.

The filing states that a federal victory would undermine confidence in the election. It asserts that the United States lacks legal authority over how candidates secure ballot placement in state elections, with the exception of federal constitutional qualifications. The state also argues the complaint fails to state a claim under the National Voter Registration Act, the only federal law cited by the Justice Department. The motion warns that the federal reading of the act would expand its scope into a broad authority for federal interference.

Democratic challenger and former U.S. Rep. Mary Peltola, along with the Democratic Senatorial Campaign Committee, filed to intervene in the case on Friday. They requested that U.S. District Judge Sharon Gleason dismiss the suit. Peltola described the lawsuit as a corrupt effort to interfere with the election. In contrast, Sen. Sullivan’s campaign stated it had no prior knowledge of the lawsuit and played no role in it. U.S. Attorney General Todd Blanche defended the suit over the weekend, calling it a necessary step to avoid voter confusion.

The race between Peltola and Sullivan is currently close, with polls showing a tight contest that could determine control of the Senate. The entry of Dan J. Sullivan into the race drew criticism from national Republicans after he filed to run in late May. Beecher initially deemed him ineligible, but the Alaska Supreme Court upheld an Anchorage Superior Court ruling that found him eligible. He received less than 2.5 percent of the vote in the August primary, enough to advance to the general election as a top four vote-getter.

Trump called the number of primary votes for the challenger excessive at a rally in Wasilla earlier this month. He said more than 4,000 people voted for Dan J. Sullivan, noting the total could be the difference in the race. The state’s motion points out that the Justice Department filed its complaint two months after the primary and after early and absentee voting had begun. The general election is scheduled for Nov. 3.