DOJ Sues Alaska to Hold Up Senate Certification if Sullivan Loses, Citing Look-Alike Candidate
The Justice Department asks a federal judge to declare that Alaska can't certify a Senate result that 'may be impacted by voter confusion.' The suit defines that as a loss by Sen. Dan S. Sullivan that votes for Daniel J. Sullivan Jr. could have reversed. State courts kept the second Sullivan on the ballot after election officials found his filing was meant to confuse voters.
By Claire Hollister, Politics and Policy
Published · 5 min read
The Overview
The facts, straight
The Justice Department sued Alaska and its election officials Thursday in federal court in Anchorage. The suit asks the court to keep them from certifying the Nov. 3 U.S. Senate result in one specific case: if Sen. Dan S. Sullivan loses, and votes cast for a second candidate named Daniel J. Sullivan Jr. would have put him over the top.
The complaint is signed by Associate Attorney General Stanley E. Woodward Jr. and Assistant U.S. Attorney E. Bryan Wilson. It names the State of Alaska, Division of Elections Director Carol Beecher, the state's election boards and the State Ballot Counting Review Board. The case is assigned to U.S. District Judge Sharon L. Gleason (docket).
What DOJ is asking for. The complaint says a result "may be impacted by voter confusion" if:
- Sen. Sullivan does not win; and
- "had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska's rank-choice process played out accordingly, Senator Sullivan would have won the election."
In that case, the department wants the court to declare that certifying the result would violate the state's duties under the National Voter Registration Act. It also seeks to stop certification "pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan."
The complaint alleges that "the sole purpose of his candidacy is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan." The Democratic nominee is former Rep. Mary Peltola.
What state officials found. The suit rests heavily on a June 15 letter from Beecher, issued after the Alaska Republican Party filed complaints. She concluded that Daniel J. Sullivan Jr.'s declaration of candidacy "was instead filed with a purpose to confuse or mislead and to thereby compromise the ballot's fairness or neutrality," and she de-certified him. Her reasons, according to the letter:
- He asked to appear as "Dan Sullivan," a name the Division said he had never registered under.
- He switched his party registration to Republican two days before filing.
- His campaign website resembled the senator's.
- He was working with a consultant described as a longtime Democratic supporter.
What the courts did. A state superior court ordered him put back on the primary ballot on June 26. On June 29, the Alaska Supreme Court affirmed in a short order. It sent the case back to the Division to decide how he "shall be listed as a candidate within the confines of existing Alaska ballot design law," and said "a full opinion will be issued at a later date." That opinion hasn't been issued, the complaint says.
The November ballot. According to the complaint, Daniel J. Sullivan Jr. took 2.5% in the August primary, behind Peltola at 49.5% and the senator at 41.4%. The Division's official candidate list shows four names for U.S. Senator, all certified:
- Gerald L. Heikes, Registered Republican
- Mary Peltola, Registered Democrat
- "Sullivan, Dan S.," Registered Republican, marked incumbent
- "Sullivan, Daniel J. Jr.," Registered Republican
It also lists two certified write-in candidates.
Blanche's remarks. On the day the suit was filed, Attorney General Todd Blanche told reporters that "it is not DOJ's intention to, and it's never our intention to, improperly interfere with elections or the state confirmation process or certification process," according to NBC News. NBC reported that he also said there could be a "doomsday" scenario in which the department would get involved.
What the Left Says
The progressive and Democratic case
Democratic election lawyer Marc Elias posted that the administration had filed the suit "to try to steal a Senate election in Alaska. They will fail."
We found no public statement from Peltola on the suit. Earlier this year, a spokesperson said the campaign "has no involvement with either Sullivan campaign," according to NBC. Sullivan Jr. did not respond to NBC's request for comment.
Where Reality Likely Sits
Radio Purple's analysis
- One expert doubts the legal theory. The suit's only claim rests on 52 U.S.C. § 20501(b)(3). That provision, as written, lists one of the law's "purposes": "to protect the integrity of the electoral process." Derek Muller, an election-law professor at Notre Dame, wrote that "the legal argument is one of the worst ones I've ever seen." He said it has "essentially no likelihood of success." The department's view is that the purpose clause creates enforceable duties.
- The relief request as filed. As filed, Paragraph 44 of the prayer for relief starts "Defendants from certifying…" and has no verb asking the court to do anything. Muller flagged the omission.
- The remedy is an open question. The suit doesn't say how an investigation would determine which Sullivan a voter meant. Muller argues "the best evidence that voters preferred one Sullivan over another is how they marked their ballots."
- The underlying dispute is real. The state's own election director found the second candidacy was meant to confuse. The state's highest court kept him on the ballot and sent the question of how to list him back to the Division. The full opinion explaining why is still pending.
- Common ground: Voters need to be able to tell candidates apart. Clear rules on names, middle initials, party labels and incumbency markers, settled before ballots are printed, are the tools Alaska's ballot-design law and the state Supreme Court's remand point to.
- What to watch: the state's response, whether DOJ amends Paragraph 44, any ruling from Judge Gleason before or after Nov. 3, and the Alaska Supreme Court's full opinion.
What the Right Says
The conservative and Republican case
The department frames the case as protecting Alaska voters from a candidacy that the state's own election director found was designed to mislead them. The suit says it was brought "to protect the integrity of the 2026 Senate election in Alaska."
A DOJ spokesperson told NBC that the 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."
The complaint cites Supreme Court precedent that states have "an interest, if not a duty, to protect the integrity of its political processes from frivolous or fraudulent candidacies." It argues that polls show a race "within one or two percentage points." Given that, it says, there is "a realistic chance" a 2.5% candidate could decide the outcome.
The original challenge to the second Sullivan came from the Alaska Republican Party. In the state Supreme Court, Iowa and 13 other states filed a brief backing the Division's decision to remove him, the court's order notes.
On Oct. 22, Blanche added: "I'm not trying to not have an election certified. Of course not," according to NBC.
Sources & Citations
- U.S. District Court for the District of Alaska (via RECAP), “Complaint, United States v. State of Alaska, No. 3:26-cv-00376-SLG (D. Alaska), Doc. 1”, October 22, 2026.
- U.S. District Court for the District of Alaska (via RECAP), “Exhibit A: Division of Elections final determination letter (June 15, 2026)”, October 22, 2026.
- CourtListener (RECAP), “United States v. State of Alaska, No. 3:26-cv-00376, docket”, October 22, 2026.
- Alaska Division of Elections, “Final determination letter to Daniel J. Sullivan”, June 15, 2026.
- Alaska Supreme Court, “Order, State of Alaska, Division of Elections v. Daniel J. Sullivan, Jr., No. S-19935”, June 29, 2026.
- Alaska Division of Elections, “2026 General Election candidate list”, September 25, 2026.
- Legal Information Institute (U.S. Code text), “52 U.S.C. § 20501, Findings and purposes”, October 23, 2026.
- X, “Marc E. Elias post on X”, October 23, 2026.
- Election Law Blog (Derek Muller), “Citing preamble to NVRA, DOJ sues to enjoin certification of Alaska's Senate race (it won't go anywhere)”, October 23, 2026.
- NBC News, “Trump administration sues to block Alaska Senate certification if Republican Sen. Dan Sullivan loses in November”, October 23, 2026.
Positions above are attributed to the public statements and published reporting cited here. Quotations are taken from these sources; Radio Purple does not publish unattributed or invented quotes. See an error? Request a correction.