The Department of Justice filed a lawsuit seeking to prevent Alaska from certifying the winner of its upcoming U.S. Senate election if incumbent Republican Sen. Dan Sullivan loses. President Donald Trump stated on Friday that he ordered the legal action, saying, "I'm the one that said 'do it.'"
The suit was filed Thursday in U.S. District Court in Alaska and names the state, Alaska Elections Division Director Carol Beecher, state election boards, and the Ballot Counting Review Board as defendants. It argues that the presence of retired teacher Daniel J. Sullivan on the ballot could confuse voters. The Department of Justice contends that this confusion could help Democratic nominee Mary Peltola defeat Sen. Sullivan in a close contest. The lawsuit asks a federal judge to bar the state from certifying any result impacted by voter confusion pending an investigation into whether votes cast for Daniel J. Sullivan were intended for the senator.
The Department of Justice did not explain how it would determine voter intent given the anonymity of ballots. In a statement to CNBC, a Department of Justice spokesperson said Alaska's Division of Elections determined that Daniel J. Sullivan's candidacy was intended to mislead voters. The spokesperson added that the Department is taking steps to ensure the candidacy does not undermine the integrity of the election.
The Alaska race is one of seven "toss-up" contests for the Senate, according to The Cook Political Report with Amy Walter. FiftyPlusOne polling data shows Peltola holding a 2-percentage-point lead over Sullivan. Republicans currently hold a narrow majority in the chamber, making this race significant for control of the Senate.
Daniel J. Sullivan, who previously was a member of the Alaska Independence Party, registered as a Republican earlier this year. The lawsuit alleges his "sole purpose" in running is to benefit Peltola's campaign by reducing votes for Sen. Sullivan. In a June social media post, Daniel J. Sullivan said he entered the race because he was unhappy with the current senator's 12-year record.
Alaska uses ranked-choice voting for its Senate general election, where voters rank candidates in order of preference. If no candidate receives more than 50% in the first round, the candidate with the fewest votes is eliminated, and their votes are redistributed until two candidates remain. The lawsuit argues that supporters of Sen. Sullivan might inadvertently vote for Daniel J. Sullivan or fail to rank the incumbent properly, which could result in their votes transferring to Peltola after Daniel J. Sullivan's elimination.
On the ballot, Sen. Sullivan is listed as Dan S. Sullivan with "incumbent" and "registered Republican" next to his name. Gerald Heikes, another Republican candidate, is also listed as a registered Republican. Daniel J. Sullivan's name appears without a party designation or other descriptors. He received 2.5% of the vote in Alaska's open primary on Aug. 28, which was enough to secure one of four spots on the general election ballot. Peltola received 49.5% in the primary, while Sen. Sullivan received 41.4%, and Heikes received 1.1%.
Devan Barber, director of the Democratic Senatorial Campaign Committee, called the lawsuit a "sham" intended to overturn the will of Alaska voters. Nate Adams, campaign spokesman for Sen. Sullivan, said his team would let the complaint run its course and emphasized the senator's record in Alaska.