Voting-rights experts say post-vote inquiry would be practically impossible
President Donald Trump said Friday that he ordered the Justice Department to file a lawsuit seeking to block certification of Alaska’s U.S. Senate results if Republican incumbent Dan S Sullivan does not win. The department’s complaint asks for a pause in certification pending an investigation into whether votes cast for Republican challenger Daniel J Sullivan were intended for Dan S Sullivan.
Trump told reporters, “I’m the one that said do it.” The Justice Department alleged there could be “voter confusion” because two Republican candidates on the ballot share the name Dan Sullivan. The department said that confusion might influence the race in Democratic nominee Mary Peltola’s favor.
Alaska’s general election is scheduled for Nov. 3, and polls suggested a dead heat between Dan S Sullivan and Peltola, a former Democratic congresswoman. The Senate contest could help determine control of the chamber. Daniel J Sullivan, a retired schoolteacher, is also running as a Republican and lives in Petersburg, a town of about 3,000 people in southern Alaska.
The Justice Department’s complaint alleges that “the sole purpose” of Daniel J Sullivan’s candidacy is to “benefit the Peltola campaign by reducing the number of votes for Senator Sullivan.” The department also argues that “there is a substantial likelihood that a certification of the election will reflect an electoral process that lacked integrity.”
Alaska uses a ranked-choice voting system. The top four candidates from an open primary advance to the general election, where voters rank candidates in order of preference. Votes can transfer to a voter’s next-ranked candidate as lower-placed contenders are eliminated. The lawsuit asks whether votes cast for Daniel J Sullivan were actually intended for Dan S Sullivan.
Daniel J Sullivan’s place on the ballot has already survived a court challenge. In June, the Alaska Supreme Court ruled that he could remain, a decision that frustrated the Trump administration and national Republicans. On the Nov. 3 ballot, Dan S Sullivan’s name will appear with the words “(Registered Republican) Incumbent” next to it.
Trump and his allies have repeatedly claimed, without evidence, that Daniel J Sullivan was an “impostor.” Many Republicans across the country have also accused the retired teacher of being a Democratic plant placed on the ballot to reduce votes for Dan S Sullivan.
Trump has routinely disparaged Alaska’s voting system, which voters adopted in 2020, calling it a “scam” and encouraging Alaskans to support a state ballot measure to repeal it.
Alaska Democrats believe circumstances have aligned for them to win a slew of competitive elections in the midterms, with the Senate seat their top prize. The administration’s focus on the race is particularly consequential as Democrats seek gains in the red-leaning state. If Peltola wins next month, she would be the first Democrat to win the seat in nearly two decades.
Voting-rights experts cited by The Guardian said the lawsuit’s basis was thin because any meaningful investigation into voters’ preferences after they voted would be practically impossible to conduct. Their criticism focused on the feasibility of the inquiry, while the Justice Department maintains that voter confusion could affect certification.