The U.S. Department of Justice filed a lawsuit on October 23, 2026, seeking to block Alaska from certifying its Senate race results if incumbent Republican Sen. Dan Sullivan loses but would have won if votes for another candidate, Daniel J. Sullivan, were counted for him. The lawsuit argues that Daniel J. Sullivan’s presence on the ballot creates voter confusion under Alaska’s ranked-choice voting system, potentially benefiting Democratic nominee Mary Peltola.
Key developments:
- The DOJ requested a federal judge block certification of the election results pending an investigation into voter intent.
- The lawsuit claims Daniel J. Sullivan’s candidacy was designed to mislead voters, citing his identical name and party affiliation to the incumbent senator.
- Alaska courts previously ruled to keep Daniel J. Sullivan on the ballot, though the DOJ argues this decision threatens electoral integrity.
Legal arguments and procedural details
The DOJ’s lawsuit centers on the National Voter Registration Act, asserting that certifying results impacted by voter confusion would violate federal law. The complaint states that Daniel J. Sullivan’s candidacy—listed as a Republican with the same surname and middle initial—could divert votes from the incumbent senator. The DOJ argues that some voters may inadvertently select Daniel J. Sullivan instead of Sen. Dan Sullivan, while others might struggle to rank multiple Republican candidates correctly under ranked-choice voting.
The lawsuit specifies two conditions under which certification should be blocked:
- Sen. Dan Sullivan loses the election.
- He would have won if all votes for Daniel J. Sullivan were reallocated to him.
Federal attorneys contend that Daniel J. Sullivan received 2.5% of the vote in the August 28 primary—enough to secure a spot on the general election ballot—while Sen. Sullivan received 41.1% and Peltola 49.5%. The DOJ alleges that Daniel J. Sullivan’s candidacy was intended solely to benefit Peltola by reducing votes for the incumbent.
State and judicial responses
State election officials did not immediately respond to requests for comment. An Alaskan judge initially ordered Daniel J. Sullivan’s name to appear on the ballot, a decision later upheld by the Alaska Supreme Court. The DOJ’s lawsuit now seeks to override this judicial decision by invoking federal authority.
Election system context
Alaska implemented ranked-choice voting in 2022, replacing traditional party primaries in an effort to reduce polarization. The state’s 2010 Senate race, where Sen. Lisa Murkowski won as a write-in candidate after losing the GOP primary, remains a notable precedent for unconventional outcomes.
Ongoing implications
The lawsuit raises questions about the intersection of state election laws and federal enforcement, particularly in races decided by narrow margins. If granted, the injunction could delay certification and trigger further legal challenges over voter intent and ballot design.