Trump DOJ Seeks Power to Block Alaska Vote Results

Mary Peltola’s campaign and Senate Democrats asked a federal judge Friday to dismiss the Trump administration’s lawsuit seeking to block certification of Alaska’s Senate election results under conditions that could leave voters’ choices uncounted. Their motion called the Justice Department case “an unprecedented pre-emptive strike on democratic elections.”

The filing says the lawsuit would require election officials to refuse certification “if, and only if, Peltola wins.” Federal power would then collide directly with Alaska’s election process, making the result of a Senate race a condition for certifying the votes. That’s the core of the challenge.

Who Gets to Count the Vote

The Justice Department sued Alaska election officials Thursday. It argued that Dan J. Sullivan Jr.’s appearance on the ballot could mislead voters seeking to re-elect Republican incumbent Dan S. Sullivan. The department asked the court to block certification if Dan S. Sullivan didn’t win and if votes cast for Dan J. Sullivan, had they instead been cast for Senator Sullivan, would have changed the outcome under Alaska’s ranked-choice process.

Peltola and Senate Democrats challenged that premise. Their filing said the department’s assumption “that every voter who casts a vote for Dan J. Sullivan really meant to vote for Senator Sullivan is insulting to voters and irreconcilable with Alaska’s ranked choice voting procedures and the ballot’s clear differentiation between the two candidates.” The argument recasts voters’ actual selections as a federal hypothetical about what they supposedly intended.

The campaign and the Democratic Senatorial Campaign Committee asked to intervene in the case, saying they were entitled to defend against the department’s “extraordinary assault.” They also said there was reason to doubt that existing defendants would vigorously defend the case, pointing to their effort to exclude Daniel J. Sullivan from the ballot earlier this year.

A Ballot Already Pulled Into Court

Election officials removed Dan J. Sullivan Jr. from the ballot in June after deciding his candidacy was “not in good faith.” An Alaska judge overturned the decision later in June, validating his campaign. Now the Justice Department wants a federal court to restrict certification based on a claim about how voters might have marked their ballots.

The suit came less than two weeks before Election Day, after early voting had begun. The court hadn’t set a hearing date. Legal and election experts told NBC News the case was on shaky ground. The report noted that state and local officials run and certify U.S. elections, while federal law limits the Justice Department’s role.

The nonpartisan Cook Political Report rated the race a “toss-up.” The contest was described as a critical opportunity for Democrats seeking to take a seat from Republicans as they vied for control of the Senate. The party contest is on full display. The immediate question: can officials certify votes under Alaska’s rules?

The President’s Complaint

President Donald Trump has repeatedly complained about the two candidates’ names and Alaska’s ranked-choice voting system. On Wednesday, he wrote on Truth Social: “I am very concerned about the Dan S. Sullivan Race for the U.S. Senate in Alaska in that it is totally confusing.” He added, “It’s ridiculous that the Court didn’t stop this SCAM.”

Trump has claimed Dan J. Sullivan Jr. is running only because “Democrats put him up as a matter of confusion,” and called the candidacy “corrupt.” Dan J. Sullivan Jr. has denied the allegations. NBC News reported in July that federal and state investigators were examining whether he could be part of a conspiracy to confuse voters, citing two people with knowledge of the situation.

The lawsuit asks the court to decide what should happen to election certification if its counterfactual about voters’ choices comes true. Peltola and Senate Democrats say the ballot distinguishes the candidates and voters’ choices deserve to be treated as written. The Justice Department’s demand would put certification under a federal judge’s control, while people who cast ballots wait for the court to decide what their votes mean.