WASHINGTON – The administration of President Donald Trump has initiated a federal lawsuit seeking to prevent Alaska from certifying its U.S. Senate election results if the Republican incumbent is defeated, citing concerns that similarities between candidates’ names could confuse voters.
Republican Sen. Dan S. Sullivan of Alaska is seeking reelection against Mary Peltola, a Democrat and former state representative. Sullivan has been trailing Peltola in a contest that also includes retired teacher Daniel J. Sullivan, whose name closely resembles that of the incumbent.
In a filing submitted Oct. 22, the Justice Department requested a federal court ruling that “any result that may be impacted by voter confusion” would conflict with the senator’s obligations under the National Voter Registration Act, which seeks to “protect the integrity of the electoral process.”
Speaking to journalists on Oct. 23, Trump acknowledged that he had personally instructed the Justice Department to pursue the legal action.
“I’m the one that said do it,” Trump stated.
The department’s lawsuit seeks an order preventing Alaska officials from formally approving the election outcome “pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan.”
According to the complaint, Daniel J. Sullivan initially entered the contest as a Republican despite allegedly being “a known longtime supporter of Democratic candidates.” Prosecutors also argued that the candidate’s campaign website “uses a format, color scheme and overall theme similar to the public website for Senator Sullivan’s campaign.”
Daniel J. Sullivan subsequently changed his political registration between the primary and general elections and is now competing without formal affiliation with any political party.
On June 15, Carol Beecher, director of Alaska’s Division of Elections, concluded that Daniel J. Sullivan had not demonstrated a “good-faith candidacy.” Instead, she determined that he had “filed with a purpose to confuse or mislead” the electorate.
“Alaska’s Division of Elections determined that Mr. Daniel J. Sullivan’s candidacy was intended to mislead voters and compromise the fairness of the ballot,” Justice Department spokesperson Audrey Cook said in a statement. “Therefore, the Justice Department, consistent with the National Voter Registration Act enacted by Congress, is taking the necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters.”
Daniel J. Sullivan challenged the decision concerning his eligibility to appear on the Nov. 3 election ballot through judicial review. The Alaska Supreme Court subsequently issued a summary ruling permitting his name to remain on the ballot.
Harry Child, speaking on behalf of Peltola’s campaign, strongly condemned the Justice Department’s lawsuit and said the campaign would defend the voting rights of eligible Alaskans.
“This is a despicable political threat to overturn an election, designed by Senator Dan Sullivan’s allies to suppress the voices of Alaskans because Sullivan is terrified he’ll lose the seat that has allowed him to enrich himself at Alaskans’ expense for over a decade,” Child said in a statement.
Alaska’s Division of Elections, which has been named as the defendant in the federal lawsuit, did not immediately provide a response when contacted for comment.
Derek Muller, a Notre Dame Law School professor specializing in election law, sharply criticized the Justice Department’s legal reasoning, describing it as “one of the worst ones I’ve ever seen.”
“In short, like many Department letters over the last few years, it is designed to win the press release rather than the litigation,” Muller wrote in an election law blog post.