The Justice Department has filed suit against Alaska election officials, seeking to block certification of the November U.S. Senate election results unless incumbent Republican Sen. Dan Sullivan wins.
In papers filed in federal court, DOJ lawyers argued that the presence of Daniel J. Sullivan, Jr. on the ballot could mislead supporters of incumbent Senator Daniel S. Sullivan.
“For example, some supporters of Senator Sullivan will likely inadvertently vote for Daniel J. Sullivan,” the filing states.
“To guard against this danger, it is essential that defendants not certify any election results that could be affected by voter confusion,” the suit states.
The Trump administration is seeking a court order preventing certification of the results “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.”
Associate Attorney General Stanley Woodward’s filing says the action was brought “to protect the integrity of Alaska’s 2026 Senate elections.”
The Trump administration filed the lawsuit Thursday, the same day Attorney General Todd Blanche told reporters that “it is not the intent of the DOJ, and it is never our intent, to inappropriately interfere with the election or state confirmation or certification process.” »
“I’m not trying to not certify an election. Of course not,” Blanche said, although there could be an “apocalyptic” scenario that the DOJ would seek to get involved in.
It is unclear why the department decided to act now, when Election Day is less than two weeks away.
American elections are run by state and local officials, who are responsible for certifying the results.
The Justice Department’s role in U.S. elections is limited by law, which primarily allows it to protect civil rights and prosecute people who violate election law.
While individuals and candidates can sue to challenge ballots or election results, Justin Levitt, an NBC News contributor who was a Justice Department official during the Obama administration, said there is no law authorizing the DOJ to challenge ballots or delay certification.
A DOJ spokesperson told NBC News in a statement that “Sullivan’s candidacy was intended to mislead voters and undermine the fairness of the vote. 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 candidacy does not undermine the integrity of Alaska’s elections or the will of its voters.”
Sullivan Jr.’s candidacy has already been challenged in Alaska, where he finished in third place in August with 2.5 percent of the vote in the all-party primary. Democrat Mary Peltola received 49.5% and Senator Sullivan 41.4%.
Sullivan Jr. was initially barred from the ballot in June after election officials found his candidacy was not in “good faith,” citing his choice to run as Dan instead of Daniel and being “affiliated with the Republican Party” even though he had previously “never – according to Division records – been affiliated with the Republican Party in Alaska.”
Alaska courts, however, ruled that he could remain on the ballot.
The November vote differentiates the two Sullivans. “Dan S. Sullivan” is listed with one “Registered Republican” and one “incumbent” next to his name, while the other is listed as “Daniel J. Sullivan Jr.” with no party affiliation next to his name.
Sullivan Jr. did not respond to a request for comment on the lawsuit
Sullivan’s campaign and its Republican allies have accused Sullivan Jr. of being a Democratic dupe, used to siphon votes away from the outgoing president. President Donald Trump has repeatedly criticized Sullivan Jr. as a “cheater.”
“It’s cheating. It’s a spoiler candidate to show up on the ballot with the exact same name as your great Senator Dan Sullivan. This guy’s name is Dan Sullivan. He didn’t know anything about politics. He was just put there by the Democrats to confuse voters, and it’s very unfair. But that’s what they do. They cheat. They lie. They steal,” Trump said in a video post on social media earlier this month.
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