Alaska and Peltola Campaign Ask Judge to Dismiss DOJ Senate Certification Suit; Gleason Fast-Tracks Case

Since the Justice Department sued Oct. 22 to block certification of Alaska's Senate race if Sen. Dan Sullivan loses, the case has moved from press-circuit defense to the courtroom, where the state itself is now asking for dismissal.

In a Monday motion to dismiss, attorneys for Alaska and the other named defendants called the complaint legally baseless. "The United States lacks authority to intervene in state elections at all, much less in support of a favored candidate," the state wrote. It added that "the complaint has no legal basis."

The defendants include Elections Division Director Carol Beecher, the state's election boards and the Ballot Counting Review Board. The state wants the case dismissed with prejudice "so that Alaska can proceed to administer its elections consistent with state and federal law and without unwarranted interference by the United States."

The state's argument

The filing leans on a familiar principle: lower federal courts should not "alter the election rules" of a state "on the eve of an election."

Alaska's lawyers acknowledged the situation is unusual, with two candidates sharing a first and last name. But they said the Division of Elections "has taken significant steps to distinguish them on the ballot so that voters can easily determine which candidate is which." They also cited a "lack of evidence of any problems."

A sample ballot attached to the filing shows the word "incumbent" and a party label next to the senator's name. He appears as "Sullivan, Dan S." The other candidate appears as "Sullivan, Daniel J. Jr." The ballot does not mention that Daniel J. Sullivan is a registered Republican. He is listed without a party affiliation.

Peltola, Common Cause and the judge

Lawyers for Peltola's campaign also asked for dismissal, calling the suit "wholly baseless." Common Cause, represented by ACLU attorneys, filed a motion to intervene last week.

Gleason moved fast. On Monday she expedited consideration and ordered the federal government to respond to the Peltola and Common Cause motions by 5 p.m. Tuesday. A ruling is the next step, with Election Day set for Nov. 3.

What DOJ is asking for

The complaint asks the court to bar certification if Sullivan loses but would have won had "all votes cast for Daniel J. Sullivan" been cast for the senator instead. It alleges Daniel J. Sullivan entered the race "with the intention of misleading" the incumbent's supporters.

Attorney General Todd Blanche has said the department is not trying to stop certification outright. He says the goal is to make sure ballots are preserved "so that only Alaska's governing officials have the information necessary to make a determination as to whether Alaskan voters were confused or mislead." Blanche has also said DOJ did not coordinate with any campaign or candidate.

President Trump has said he ordered the suit. "I'm the one that said 'do it,'" he told reporters in Florida. At an Oct. 13 rally in Wasilla he called the two-Sullivan ballot "just cheating."

The legal and political fight

Sen. Adam Schiff, D-Calif., said DOJ has no standing. "It's not the federal government's business to run Alaskan elections. It's Alaska's business to do that," he told NBC News on Sunday. He predicted the case has "no chance of succeeding."

Derek Muller, an election law professor at Notre Dame, called the theory "strange and unusual" and wrote that the claim is "so absurdly thin, there's essentially no likelihood of success." David Becker of the Center for Election Innovation & Research called it "an unprecedented intervention by the federal government."

Republicans see it differently. They say Daniel J. Sullivan Jr. is a spoiler, put on the ballot to peel votes from the incumbent and help Peltola. Peltola's campaign denies any involvement. Daniel J. Sullivan has denied being part of a scheme. "I have every right to run for whatever office I'm qualified for, and I'm qualified for this office," he told the Associated Press in June. He has also told the New York Times he voted for the Democratic nominee in the last three presidential elections and backed Peltola in her 2022 and 2024 House bids.

State election officials originally rejected his candidacy, finding it was not made in good faith. A state judge overturned that decision and the Alaska Supreme Court affirmed, keeping him on the ballot.

The numbers behind the worry

In the August primary, Sullivan won 68,726 votes, about 41.4%. Peltola took about 49.5%. Daniel J. Sullivan won 4,107 votes, roughly 2.5%.

Under Alaska's ranked-choice system, the lowest finisher is eliminated and his ballots are redistributed by next preference. Republicans fear that small share could matter in a close race. Sullivan's campaign spokesman Nate Adams has said only that the campaign will "let the DOJ complaint run its course," adding that Alaskans can tell the difference between the two candidates.

Democrats need to net four seats to take the Senate, and Alaska is one of several Republican-held seats they are targeting. Polling in the state has been sparse.

Gleason has the dismissal motions and DOJ's response in front of her. Whether she rules before polls open Nov. 3, and whether she reaches the merits or the question of federal authority, is the open question.