DOJ Seeks to Delay Alaska Vote Certification Under One Vote-Shift Scenario

The Justice Department wants a federal court to hold Alaska's Senate certification only if incumbent Sen. Dan S. Sullivan loses the race but would have won had votes for Daniel J. Sullivan Jr. gone to him instead. The department filed the suit last week, after Alaska's courts had already ruled on the ballot question. The complaint asks the court to delay certification in that one scenario while investigators determine whether voters meant to support the incumbent.

Sen. Adam Schiff, D-Calif., said the department has no role in a matter Alaska's courts resolved. "They don't have standing to bring this kind of a suit. It's not the federal government's business to run Alaskan elections. It's Alaska's business to do that," Schiff told NBC News on Sunday. He compared the filing to the Justice Department's posture after the 2020 presidential election, when then-Attorney General William Barr declined to back efforts to overturn results. "This time, with [Attorney General Todd] Blanche, they are all in on this disgraceful campaign," Schiff said. He predicted the case has "no chance of succeeding."

The dispute centers on two men with the same name on one ballot. State officials initially moved to disqualify Daniel J. Sullivan Jr. of Petersburg, citing his requested ballot name, his recent party registration, and similarities between campaign materials. An Alaska Superior Court judge reversed that decision, and the Alaska Supreme Court upheld the ruling. Blanche defended the suit Sunday, citing federal election law. "The lawsuit was written by Justice Department attorneys and the Department did not coordinate with any campaign or candidate, but rather relied solely on federal law," Blanche said. The filing invokes the National Voter Registration Act.

Republicans allege Daniel Sullivan entered the race to draw votes from the incumbent and aid former Democratic Rep. Mary Peltola. The complaint states that "the sole purpose of his candidacy is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan." It also cites a letter from Alaska Division of Elections Director Carol Beecher asserting his declaration of candidacy was not properly filed because it was not intended to declare a good-faith candidacy. Peltola's campaign denies the claim. The White House pointed to Trump's comments recommending the suit and calling the second Sullivan's presence "a matter of confusion." "I think it's a disgrace," Trump said.

Peltola placed first in the August primary, followed by Sen. Sullivan and Petersburg Sullivan. Palmer drywall contractor Gerald Heikes, a Republican, will appear as the fourth candidate after a Democrat who placed ahead of him withdrew.