Alaska Senate race embroiled in lawsuit over two candidates with same last name

The Department of Justice filed a lawsuit in federal court in Alaska to block the certification of the Senate race results. The suit argues that voter confusion between incumbent Republican Sen. Dan S. Sullivan and challenger Daniel J. Sullivan Jr. may have altered the vote count. The Justice Department is asking Judge Sharon Gleason to hold the certification process pending an investigation into whether ballots cast for the non-incumbent were intended for the senator.

The legal challenge arrives as The New York Times reports that aides from Democratic nominee Mary Peltola’s campaign and the Democratic Senatorial Campaign Committee helped recruit Daniel J. Sullivan for the race. The newspaper stated that the effort was broader than a single recruitment drive and aimed to draw votes away from the incumbent. Former Peltola campaign manager Elisa Rios told the Times that Peltola was not directly involved but was definitely aware of the project. Rios, who was fired in August, said Alaskan voters need to know about these efforts to make informed decisions.

Peltola’s campaign and the DSCC denied participating in spoiler recruitment. A DSCC spokesperson noted that Republicans have a history of promoting third-party candidates to boost their own chances. The spokesperson cited a Republican-backed candidate with a New York address and an Arizona resident who secured a ballot spot in the current cycle. The Times noted that ballot-stacking tactics are common in politics and generally legal, having been used by both parties in Alaska.

President Donald Trump ordered the lawsuit and subsequently demanded on Truth Social that both Peltola and Daniel J. Sullivan be removed from the ballot. The president claimed the report showed Democrats illegally sought out the same-named man to defraud and obfuscate the election. Peltola’s campaign responded by stating it has no involvement with either Sullivan campaign and is focused on lowering costs and fixing the system in Washington.

Alaska officials argue the Department of Justice lacks authority to intervene in state elections. In a court filing, state officials said the Division of Elections has taken steps to distinguish between the two candidates on the ballot. Daniel J. Sullivan Jr. appears first, with no party affiliation listed. Sen. Dan S. Sullivan appears directly below him, listed as a Registered Republican and incumbent. Peltola, a former U.S. House member, is the only Democrat on the ballot.

Alaska uses ranked-choice voting, which allows voters to rank candidates by preference. This system could allow a vote for the non-incumbent Sullivan to transfer to the senator if the non-incumbent is eliminated in the first round of counting. The winner of this race will determine whether Democrats regain a Senate majority or if Republicans retain their current control.

Judge Gleason fast-tracked the case on Monday evening, increasing the likelihood she will rule on a motion to dismiss before Election Day on November 3. Peltola’s team, the DSCC, and Alaska election officials have asked for the suit’s dismissal. The League of Women Voters of Alaska and Common Cause have sought to intervene to oppose the Justice Department’s efforts.