- Alaska’s use of preferential voting, which eliminates candidates in rounds if none of them obtains 50% of the initial votes, complicates matters.
- “The outcome of an election may be affected by voter confusion if: (1) Senator Sullivan does not win the election; and (2) if all votes cast for Daniel J. Sullivan had instead been cast for Senator Sullivan and Alaska’s rank-choice process had proceeded accordingly, Senator Sullivan would have won the election,” states the lawsuit filed in Alaska District Court.
Zoom: Because of an earlier ruling by the Alaska Supreme Court and the fact that Sullivan’s name was already on the ballot, the administration argued in the lawsuit that the only way to ensure the winner of the race is the voters’ choice “is to ensure that certification is not affected” by his candidacy.
- The lawsuit asks for a delay in certification until an investigation has determined “whether the votes cast for Daniel J. Sullivan were intended to be cast for Senator Sullivan.”
What they say: “The Alaska Division of Elections has determined that Mr. Daniel J. Sullivan’s candidacy was intended to mislead voters and compromise the fairness of the vote,” a DOJ spokesperson said in a statement.
- “Therefore, the Department of Justice, consistent with the National Voter Registration Act enacted by Congress, is taking the necessary steps to ensure that this frivolous application does not undermine the integrity of Alaska’s elections or the will of its voters.”
- The White House referred Axios to the DOJ.
President Trump told reporters Friday that he had asked the DOJ to file charges against Alaska.
- He then explained the situation to Florida Governor Ron DeSantis, who stood by him, then called Daniel J. Sullivan a “fake” candidate.
Catch up quickly: Retired teacher Sullivan will appear on the ballot as Daniel J. Sullivan Jr. after the state Supreme Court ordered the state Division of Elections to include him in the race in June.
- Sen. Sullivan will appear as “Sullivan, Dan S. (registered Republican) incumbent,” according to the state’s sample ballots.
- Sullivan has maintained that his candidacy was not a sham, and Peltola’s campaign has denied any involvement in his candidacy.
The plot: The race is one that is being closely watched as Democrats appear to be making inroads into red territory.
- The administration acknowledged the close race in its lawsuit, saying “there is a realistic chance” that non-incumbent Sullivan’s presence on the ballot could tip the scales in Peltola’s favor.
Flashback: In the primary, Senator Sullivan received approximately 41% of the vote, compared to Sullivan’s 2.5%. Peltola won 49.5%
- Cook Political Report currently views the race as a toss-up.
Reality check: Derek Muller, a law professor at Notre Dame, told AP that the Alaska lawsuit would not survive long, since the National Voter Registration Act — the law cited by the DOJ in the lawsuit — “simply does not allow the Department of Justice to require certification.”
- “The lawsuit could very well be driven by a big Democratic victory or a narrow Republican victory, and if not, the court will probably throw it out next month,” he said.
Go further: Scoop: NRSC pleads for $9 million to defend three red seats
Editor’s note: This story has been updated with a statement from the Justice Department and President Trump.
Gn headline
