What the lawsuit asks for
The Justice Department has sued Alaska election officials in federal court, seeking to block certification of November's U.S. Senate election results unless Republican Sen. Dan Sullivan wins, according to NBC News.
The filing argues that the presence of Daniel J. Sullivan Jr. on the ballot could mislead supporters of the sitting senator, Daniel S. Sullivan. "For example, some supporters of Senator Sullivan likely will inadvertently vote for Daniel J. Sullivan," the filing says.
The government wants a court order preventing certification if two conditions are met: Sen. Sullivan does not win, and he would have won had every vote for Daniel J. Sullivan been cast for him instead and Alaska's rank-choice process played out accordingly. The filing, signed by Associate Attorney General Stanley Woodward, said the action was brought "to protect the integrity of the 2026 Senate election in Alaska."
Blanche's remarks and legal questions
The suit was filed Thursday, the same day 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." Blanche also said, "I'm not trying to not have an election certified. Of course not," though he allowed that there could be a "doomsday" scenario in which the department would seek to get involved.
NBC News reported it is unclear why the department chose to act now, with Election Day less than two weeks away. Elections in the U.S. are run by state and local officials, who are responsible for certifying results, and the federal government's role is limited by law, chiefly to protecting civil rights and prosecuting election-law violations.
Justin Levitt, an NBC News contributor and former Justice Department official in the Obama administration, said that while private citizens and candidates can sue over ballots or results, no law says DOJ can challenge ballots or delay certification.
A DOJ spokesperson told NBC News that Sullivan Jr.'s candidacy was "intended to mislead voters and compromise the fairness of the ballot," and said the department was acting consistent with the National Voter Registration Act.
The challenge to Sullivan Jr.'s candidacy
Sullivan Jr.'s place on the ballot has been contested before. In June, Alaska election officials removed him after finding his candidacy was not in "good faith." They cited his decision to run as Dan rather than Daniel and his listing as affiliated with the Republican Party, when state records showed he had never been affiliated with it in Alaska. Alaska courts, however, ruled he could stay on the ballot.
In the August all-party primary, Democrat Mary Peltola received 49.5%, Sen. Sullivan received 41.4%, and Sullivan Jr. finished third with 2.5%.
The November ballot distinguishes the two men. "Dan S. Sullivan" appears with "registered Republican" and "incumbent" beside his name, while "Daniel J. Sullivan Jr." appears with no party affiliation listed.
Political reaction and earlier scrutiny
Sen. Sullivan's campaign and Republican allies have charged that Sullivan Jr. is a Democratic dupe meant to siphon votes from the incumbent. President Donald Trump has repeatedly criticized him, saying in an earlier social media video that he is a "spoiler candidate" and accusing Democrats of trying "to confuse the voter."
A spokesperson for Peltola said earlier this year that her "campaign has no involvement with either Sullivan campaign." NBC News reported in July, citing two people with knowledge of the matter, that federal and state investigators were examining whether Sullivan Jr. could be part of a conspiracy to confuse voters. The status of that probe is unclear.
Sullivan Jr., a former teacher, did not respond to NBC News' request for comment on the suit. He told The Associated Press in June that his candidacy is no sham and that he is not in cahoots with anybody. "I have every right to run for whatever office I'm qualified for, and I'm qualified for this office," he said then.
