Full Breakdown
DOJ Lawsuit Aims to Block Certification of Alaska’s Senate Election
By Drooid · · How we work
Core Legal Action
On October 22 2026 the U.S. Department of Justice filed a complaint in the U.S. District Court for Alaska seeking an order to prevent certification of the November 3 Senate election if incumbent Republican Dan S. Sullivan does not win. The filing argues that the presence of Daniel J. Sullivan Jr., a retired teacher with a similar name, could mislead voters under Alaska’s ranked-choice voting system.
Background & Context
Alaska’s race pits the incumbent Republican against Democratic former U.S. Representative Mary Peltola. In the August primary, Peltola led with 49.5 %, Sullivan had 41.4 %, and Daniel J. Sullivan received 2.5 %. The ballot lists “Dan S. Sullivan” with “registered Republican” and “incumbent,” while “Daniel J. Sullivan Jr.” appears without party affiliation. The DOJ does not seek to remove the challenger, only to delay certification pending an investigation of possible voter confusion.
Data & Statistics
- Primary vote shares: Peltola 49.5 %, Sullivan 41.4 %, Daniel J. Sullivan 2.5 %, Gerald Heikes 1 % (source 3).
- Alaska uses ranked-choice voting: if no candidate reaches a majority, the lowest-ranking contender is eliminated and votes are transferred.
- Early voting has begun with high turnout, according to campaign filings.
Official Statements & Responses
- President Donald Trump claimed responsibility for the lawsuit, calling the junior Sullivan candidacy “a fake” designed to confuse voters.
- The Alaska Department of Law said it is reviewing the suit but offered no comment on its merits.
Criticism & Opposition
Legal scholars say the DOJ’s move is unprecedented and tenuous. Rick Hasen, UCLA law professor, called the suit “absurd.” Walter Olson, Cato Institute senior fellow, argued the National Voter Registration Act does not give the federal government authority to intervene in state certification. Aaron Blacksberg, Institute for Responsive Government counsel, noted Alaska’s reliance on mail voting makes a pre-election certification challenge unusual. Mike Davis, head of the conservative Article 3 Project, alleged Democrats are using the junior Sullivan candidacy to disenfranchise Republican voters, a claim not substantiated by the filing.
Verbatim Quotes
- “I’m the one that said do it,” — Donald Trump, president (q1)
- “I’m not trying to not have an election certified. Of course not,” — Todd Blanche, attorney (q2)
- “In Alaska, Alaskan voters choose our elected officials, not the president,” — Lu-Anne Haukaas Lopez, ACLU of Alaska (q4)
Conflicting Reports & Gaps
- Legal Authority: DOJ officials cite the National Voter Registration Act’s preamble, while experts say the statute provides no power to block state certification.
- Motivation: The filing frames the action as protecting election integrity; the Peltola campaign describes it as a politically motivated attempt to preserve the incumbent’s seat. No definitive evidence resolves these characterizations.
What’s Next
The case is before Judge Sharon Gleason in Alaska federal court. If the DOJ obtains an injunction, certification of the November 3 Senate election could be delayed pending a judicial determination of voter confusion. The outcome may shape future federal involvement in state election processes during the 2026 midterms.