Alaska Senate race · October 23, 2026 · updated 2026-10-24
Trump says he ordered suit to halt Alaska's Senate certification if a namesake's votes could flip it
A former teacher named Daniel J. Sullivan is also on the ballot. If his votes could have flipped a loss by Sen. Dan Sullivan, the Justice Department wants the result held until an investigation finds whether they were meant for the senator.117143
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376An election result may be impacted by voter confusion if: (1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska’s rank-choice process played out accordingly, Senator Sullivan would have won the election.Declare that certification of any result that may be impacted by voter confusion, as defined above, would violate Defendants’ duties under the NVRA to “protect the integrity of the electoral process.”44. Defendants from certifying any result that may be impacted by voter confusion, as defined above, pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan
17Associated PressAlso on the Alaska ballot is a Daniel J. Sullivan from the tiny fishing community of Petersburg.
3Beecher letter de-certifying Daniel J. SullivanYou requested to access the ballot under the name “Dan Sullivan” even though it appears fromYou requested to be designated on the ballot as affiliated with the Republican Party. Until twodays before you filed your declaration of candidacy, you had never
Alaska's U.S. Senate race has two Dan Sullivans. One is the Republican incumbent, Sen. Dan S. Sullivan. The other, Daniel J. Sullivan Jr., is a former teacher from Petersburg who asked to appear on the ballot as "Dan Sullivan" and as a Republican, a party the state's records show he joined two days before filing.17143 The senator's Democratic opponent is Mary Peltola, a former congresswoman.17 Republicans contend Daniel J. Sullivan is a Democratic plant meant to siphon votes from the senator. He says he decided to run on his own, and Alaska's courts kept him on the ballot.17141273534
Daniel J. Sullivan Jr., a former teacher from Petersburg, Alaska, asked to appear on the Senate ballot as "Dan Sullivan" and as a Republican, a party the state's records show he joined two days before filing.17143
The senator's Democratic opponent is Mary Peltola, a former congresswoman.17
Republicans contend Daniel J. Sullivan is a Democratic plant meant to siphon votes from the senator.17
Daniel J. Sullivan says he decided to run on his own and that his candidacy is no sham.1714
A state judge ruled on June 26 that the division had removed him on good-faith criteria found nowhere in Alaska's constitution or election laws, and that its assertion he sought to confuse voters was not supported by a preponderance of the evidence; the Alaska Supreme Court affirmed on June 29.1273534
17Associated PressAlso on the Alaska ballot is a Daniel J. Sullivan from the tiny fishing community of Petersburg.where Sullivan faces Democrat Mary Peltola, a former congresswoman.but Republicans have contended he is a Democratic plant to siphon votes away from their candidate.He has said he decided to run on his own
14NBC NewsSullivan Jr., a former teacher,told The Associated Press back in June that his candidacy is no sham and that he’s not in cahoots with anybody.
3Beecher letter de-certifying Daniel J. SullivanYou requested to access the ballot under the name “Dan Sullivan” even though it appears fromYou requested to be designated on the ballot as affiliated with the Republican Party. Until twodays before you filed your declaration of candidacy, you had never
27Alaska BeaconThe director’s assertion that Mr. Sullivan seeks to confuse or misguide voters is not supported by a preponderance of evidence,
35Alaska BeaconA full opinion on the case will be issued at a later date, the court said.
34Reuterssaid the decision to remove the challenger Sullivan had been undertaken on "good-faith criteria" that are not found in the Constitution or Alaska election laws
On Oct. 22 the Justice Department sued Alaska and its elections director, Carol Beecher, in federal court.1 It asks a judge to stop the state from certifying the Senate result if Sen. Sullivan loses but would have won had every vote for Daniel J. Sullivan been cast for him. In that event, the department wants the result held until an investigation finds whether those votes were meant for the senator.1 The suit rests on a 1993 voter-registration law.14 The next day President Trump said he had ordered the suit. "I'm the one that said 'do it,'" he told reporters.26
The Justice Department sued the State of Alaska, its elections director Carol Beecher and its election and ballot-review boards in federal court in Alaska on Oct. 22, 2026.1
The suit asks the court to stop certification only if Sen. Dan S. Sullivan loses and would have won had every vote for Daniel J. Sullivan been cast for him, with Alaska's ranked-choice rounds run again on that basis.1
It asks the court to declare that certifying such a result would violate the state's duties under the National Voter Registration Act, and to keep the state from certifying it pending an investigation of whether votes for Daniel J. Sullivan were meant for the senator.1
The suit's one claim rests on the voter-registration law's purpose of protecting "the integrity of the electoral process" and the Attorney General's power to sue to carry out that law.1
The clause the suit cites is the third of four purposes the 1993 law lists; the others are to increase the number of eligible citizens who register, to let governments carry out the law in ways that enhance eligible citizens' participation, and to keep voter rolls accurate.4
Trump said on Oct. 23 that he had ordered the suit, telling reporters "I'm the one that said 'do it'" when asked about it.26
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376Case 3:26-cv-00376-SLG Document 1 Filed 10/22/26State of Alaska; Carol Beecher, in her officialDefendant Carol Beecher is sued in her official capacity as Director of Alaska’s Division of Elections.An election result may be impacted by voter confusion if: (1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska’s rank-choice process played out accordingly, Senator Sullivan would have won the election.Declare that certification of any result that may be impacted by voter confusion, as defined above, would violate Defendants’ duties under the NVRA to “protect the integrity of the electoral process.”44. Defendants from certifying any result that may be impacted by voter confusion, as defined above, pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator SullivanCount One (NVRA, 52 U.S.C. §§ 20501(b)(3), 20510(a))Congress has tasked state officials with “protect[ing] the integrity of the electoral process,” 52 U.S.C. § 20501(b)(3)
4National Voter Registration Act, 52 U.S.C. § 20501The purposes of this chapter are(3) to protect the integrity of the electoral process; and(1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office;(2) to make it possible for Federal, State, and local governments to implement this chapter in a manner that enhances the participation of eligible citizens as voters in elections for Federal office;(4) to ensure that accurate and current voter registration rolls are maintained.
26CNNWell, I’m the one that said ‘do it,’Trump told reporters in Florida on Friday when asked about the lawsuit
The AP's explainer says the race is likely to be decided by only a few thousand votes and could determine which party controls the Senate; the Times called the suit highly unusual.1840 The complaint says many polls put the race within one or two points.1 The August primary, open to all candidates with the top four advancing, was less close: Peltola won 49.5%, Sen. Sullivan 41.4% and Daniel J. Sullivan 2.5%.164112734
The race is likely to be decided by only a few thousand votes and could determine which party controls the Senate, and the Times called the suit highly unusual.1840
The complaint says many polls put the race within one or two points.1
UPI called it a Republican primary; it was the all-candidate top-four primary.1641
In the Aug. 18 top-four primary, Peltola won 49.5%, Sullivan 41.4% and Daniel J. Sullivan 2.5%.12734
18Associated Press explainerThe campaign is likely to be decided by only a few thousand votes, and it could determine which party controls the Senate.
40The New York Timesa highly unusual move that signaled an effort to potentially intervene in the outcome
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376Many polls indicate that the race between Senator Sullivan and Peltola will be within one or two percentage pointsPeltola received 49.5% of the vote, Senator Sullivan received 41.4% of the vote, Daniel J. Sullivan received 2.5% of the vote
16UPIAlaska's Republican primary was held in August.
The case is before Judge Sharon Gleason, and the department has made no emergency request.26 Alaska's Department of Law, which represents the state's election officials, says it is reviewing the complaint.27 Early voting is already under way for the Nov. 3 election.28
The case is assigned to Judge Sharon Gleason, and the department has made no emergency request.26
Alaska's Department of Law, which represents the elections division, said the complaint is being reviewed and it has no comment on the litigation.27
Early voting in the Nov. 3 general election was already under way when the suit was filed.28
26CNNThe new case has been assigned Judge Sharon L. Gleason, who was appointed by President Barack Obama.The administration has not yet made any emergency requests for the court to take an immediate action.
27Alaska BeaconThe complaint is being reviewed, and we do not have any comment on the litigationThe Department of Law represents the division and lieutenant governor in court.
28Anchorage Daily NewsWith early voting already underway in the Nov. 3 general election
Two Sullivans on one ballot
Alaska counts the race by ranked choice, in rounds. Each ballot counts for the candidate ranked highest on it who is still in the race. If no one leads on more than half the ballots still counting, the candidate with the fewest votes is out, and those ballots move to each one's next choice still in the race; a ballot with no choices left stops counting.12
Alaska's general election is counted by ranked choice in rounds: each ballot counts for its highest-ranked continuing candidate, or as inactive if none of its candidates remains; a candidate who is highest-ranked on more than half the active ballots wins; otherwise the candidate with the fewest votes is defeated and those ballots are added to each ballot's next-ranked continuing candidate.12
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376tabulate each validly cast ballot as one vote for the highest-ranked continuing candidate on that ballot or as an inactive ballot.If a candidate is highest ranked on more than one-half of the active ballots, that candidate is elected and the tabulation is complete.shall be added to the totals of each ballot’s next-highest-ranked continuing candidate.If Candidate A receives the fewest first-place votes, then he is eliminated, and the citizen’s vote is transferred to Candidate B.
Daniel J. Sullivan filed as a Republican, but the Alaska Supreme Court left his ballot listing to the state elections division, which printed him with no party on both the August primary ballot and November's.434228 Beecher said the primary listing was chosen to "maximize differentiation" so voters would not confuse the two.49 Voters may rank as many candidates as they like, so a voter can rank both Sullivans.226
Daniel J. Sullivan filed as a Republican, but after the Alaska Supreme Court left his ballot listing to the Division of Elections, the division printed him with no party, on the August primary ballot as on November's.434228
Elections director Carol Beecher said the listing was chosen to "maximize differentiation" so voters would not confuse the two candidates.49
Voters may rank as many candidates as they like, so a voter can rank both Sullivans.226
43Juneau IndependentThis matter is remanded for the Division of Elections to determine…how appellee Sullivan shall be listed as a candidate within the confines of existing Alaska ballot design law.
42Alaska's News Source (KTUU)The [election] division’s proposal not to list him as Republican after certifying his declaration of candidacy as a Republican would appear to be a little outside its discretion, wouldn’t it?But when ballots began printing at noon Tuesday, “nothing at all” is what appears next to his name.the only candidate on the U.S. Senate primary ballot without one
28Anchorage Daily NewsThe Division of Elections determined how the candidates would appear on the ballot.
49Alaska's News Source (KTUU)Beecher said the decision was made to “maximize differentiation,”we did not want any voters to be confused between the two candidates
2Sample ballot in the DOJ complaint, p. 10Sullivan, Dan S. (Registered Republican) IncumbentSullivan, Daniel J. Jr. | 1Heikes, Gerald L. (Registered Republican)Peltola, Mary (Registered Democrat)
The department says the listing is not enough. Its complaint alleges that some of Sen. Sullivan's supporters will likely vote for Daniel J. Sullivan by mistake, and that others will be confused about how to rank "the three Republican candidates" and may not rank the senator at all.1 The primary used the same listing, and there Sen. Sullivan won 68,726 votes to Daniel J. Sullivan's 4,107.43422826 An Anchorage Press analysis of those returns found Daniel J. Sullivan's support rose where Peltola ran strongest, a sign that many of his votes came from her side; it could not rule out that some conservatives picked him by mistake.32 The senator's own campaign read the primary the same way: "Mary Peltola's voters put Daniel J. Sullivan Jr. on the November ballot."32
The complaint says some of the senator's supporters will likely vote for Daniel J. Sullivan by mistake, and others will be confused about how to rank the three Republican candidates and may not rank the senator at all.1
Daniel J. Sullivan filed as a Republican, but after the Alaska Supreme Court left his ballot listing to the Division of Elections, the division printed him with no party, on the August primary ballot as on November's.434228
In the primary the senator won 68,726 votes and Daniel J. Sullivan 4,107.26
An Anchorage Press analysis of primary returns found Daniel J. Sullivan's support rose where Peltola ran strongest, suggesting many of his votes came from Peltola's side, though it could not rule out that some conservatives picked him by mistake.32
After the primary, Sullivan's own campaign said "Mary Peltola's voters put Daniel J. Sullivan Jr. on the November ballot."32
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376some supporters of Senator Sullivan likely will inadvertently vote for Daniel J. SullivanOther supporters of Senator Sullivan likely will be confused as to how to rank the three Republican candidates as to defeat Peltola.They might not rank Senator Sullivan at all
43Juneau IndependentThis matter is remanded for the Division of Elections to determine…how appellee Sullivan shall be listed as a candidate within the confines of existing Alaska ballot design law.
42Alaska's News Source (KTUU)The [election] division’s proposal not to list him as Republican after certifying his declaration of candidacy as a Republican would appear to be a little outside its discretion, wouldn’t it?But when ballots began printing at noon Tuesday, “nothing at all” is what appears next to his name.the only candidate on the U.S. Senate primary ballot without one
28Anchorage Daily NewsThe Division of Elections determined how the candidates would appear on the ballot.
26CNNIn the primary, the incumbent Dan Sullivan won 68,726 votes. Daniel J. Sullivan won 4,107.
32Anchorage PressBut last week’s primary election results suggest his candidacy had the opposite effect, with a significant share of votes for Petersburg Sullivan likely coming at the expense of the leading Democrat in the race, Mary Peltola.Those results, however, don’t entirely rule out that some conservative voters still could have supported Petersburg Sullivan unintentionally.said the primary results offered their own vindication for Petersburg Sullivan’s GOP critics by proving that “Mary Peltola's voters put Daniel J. Sullivan Jr. on the November ballot.”
How it got here
The department says it acted because Alaska's own elections division had found that Daniel J. Sullivan's candidacy was meant to mislead voters, and a spokesperson called it a "frivolous candidacy."21 The division is now the defendant, and its finding did not survive in Alaska's courts. A state judge ruled that it had judged him by a good-faith test found nowhere in Alaska's constitution or election laws, and that the evidence did not show he sought to confuse voters. The Alaska Supreme Court affirmed.1273534
A Justice Department spokesperson said the department acted because Alaska's Division of Elections had found the candidacy was meant to mislead voters, calling it a "frivolous candidacy."21
The Justice Department sued the State of Alaska, its elections director Carol Beecher and its election and ballot-review boards in federal court in Alaska on Oct. 22, 2026.1
A state judge ruled on June 26 that the division had removed him on good-faith criteria found nowhere in Alaska's constitution or election laws, and that its assertion he sought to confuse voters was not supported by a preponderance of the evidence; the Alaska Supreme Court affirmed on June 29.1273534
21USA TodayAlaska’s Division of Elections determined that Mr. Daniel J. Sullivan’s candidacy was intended to mislead voters and compromise the fairness of the ballotis taking the necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters.
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376Case 3:26-cv-00376-SLG Document 1 Filed 10/22/26State of Alaska; Carol Beecher, in her officialDefendant Carol Beecher is sued in her official capacity as Director of Alaska’s Division of Elections.A trial court held that the Division erred in excluding Daniel J. Sullivan from the ballot.The Alaska Supreme Court summarily affirmed
27Alaska BeaconThe director’s assertion that Mr. Sullivan seeks to confuse or misguide voters is not supported by a preponderance of evidence,
35Alaska BeaconA full opinion on the case will be issued at a later date, the court said.
34Reuterssaid the decision to remove the challenger Sullivan had been undertaken on "good-faith criteria" that are not found in the Constitution or Alaska election laws
The complaint repeats the charge. It says Daniel J. Sullivan ran to mislead the senator's supporters and that his candidacy's sole purpose is to help Peltola.1 Trump calls him "the fake."13 Daniel J. Sullivan says he has every right to run, and the suit does not name him as a defendant.1427
The complaint says Daniel J. Sullivan ran to mislead the senator's supporters and that his candidacy's sole purpose is to help Peltola.1
Trump called Daniel J. Sullivan "the fake" and said Democrats put him up.13
Daniel J. Sullivan says he is running on his own and has every right to.14
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376Daniel J. Sullivan decided to run for Senator in 2026 as a Republican with the intention of misleading supporters of Senator Sullivan into voting for him.The sole purpose of his candidacy is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan.
14NBC NewsI have every right to run for whatever office I’m qualified for, and I’m qualified for this office,
27Alaska BeaconThursday’s filing does not name him as a defendant.
The suit was not the first federal move against his candidacy: in August, a source told Reuters, a federal grand jury had issued subpoenas in a Justice Department probe of it.4627 On Oct. 21 Trump said he was looking at "powerful legal options" to take Daniel J. Sullivan off the ballot. The suit, filed a day later, asks instead for a hold on certification if its test is met.17131 It is signed by Associate Attorney General Stanley Woodward, who represented Trump allies and Jan. 6 defendants before joining the department's top ranks.17
On Aug. 18, Reuters reported, citing a source, that a federal grand jury had issued subpoenas in a Justice Department probe of whether Daniel J. Sullivan entered the race to confuse voters.4627
On Oct. 21 Trump wrote that he was looking at "powerful legal options" to remove Daniel J. Sullivan from the ballot.1713
The Justice Department sued the State of Alaska, its elections director Carol Beecher and its election and ballot-review boards in federal court in Alaska on Oct. 22, 2026.1
The suit asks the court to stop certification only if Sen. Dan S. Sullivan loses and would have won had every vote for Daniel J. Sullivan been cast for him, with Alaska's ranked-choice rounds run again on that basis.1
It asks the court to declare that certifying such a result would violate the state's duties under the National Voter Registration Act, and to keep the state from certifying it pending an investigation of whether votes for Daniel J. Sullivan were meant for the senator.1
The complaint's signer, Associate Attorney General Stanley Woodward, represented Trump allies and Jan. 6 defendants before joining the department's top ranks.17
46ReutersThe U.S. Department of Justice has issued subpoenas in an investigation into whether a Senate candidate in Alaska with the same name as a Republican incumbent entered the race to confuse voters, according to a source familiar with the probe.The grand jury subpoenas are part of a federal probe into the candidacy of Dan J. Sullivan
27Alaska BeaconThursday’s filing does not name him as a defendant.
17Associated PressWe are looking at powerful legal options to remove the fraudulent Daniel J. Sullivan Jr. from the BallotThe lawsuit was signed by Associate U.S. Attorney General Stanley Woodward, who represented Trump allies and Jan. 6 defendants before becoming one of the top appointees at the department.
13ABC NewsOn Wednesday, President Trump posted on social media that he was looking at "powerful legal options" to remove Dan J. Sullivan from the ballot.
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376Case 3:26-cv-00376-SLG Document 1 Filed 10/22/26State of Alaska; Carol Beecher, in her officialDefendant Carol Beecher is sued in her official capacity as Director of Alaska’s Division of Elections.An election result may be impacted by voter confusion if: (1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska’s rank-choice process played out accordingly, Senator Sullivan would have won the election.Declare that certification of any result that may be impacted by voter confusion, as defined above, would violate Defendants’ duties under the NVRA to “protect the integrity of the electoral process.”44. Defendants from certifying any result that may be impacted by voter confusion, as defined above, pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan
From the ballot fight to the suit, 2026
DateWhat happened
June 15On the Alaska Republican Party chair's complaints, the elections director removes Daniel J. Sullivan from the ballot.3
June 26 and 29A state judge, then the Alaska Supreme Court, put him back.1273534
Aug. 18The top-four primary. A source tells Reuters a federal grand jury has issued subpoenas about his candidacy.1273446
Sept. 2Trump to Attorney General Todd Blanche: "I think, Todd, you have a legal case on that."4812
Oct. 13At a rally in Wasilla, Trump recounts having told Alaska's U.S. attorney, "I hope you're going to make sure there's no cheating," adding, "any place you have rank(ed) choice, you have damn bad cheating."27
Oct. 21Trump says he is looking at "powerful legal options" to remove Daniel J. Sullivan from the ballot.1713
Oct. 22The department sues. Blanche: "I'm not trying to not have an election certified."11437
Oct. 23Trump says he ordered the suit: "I'm the one that said 'do it.'" Peltola's campaign and the DSCC, and two voters with the League of Women Voters and Common Cause, ask to join the case as defendants.2678
3Beecher letter de-certifying Daniel J. Sullivanthese complaints which were filed by Stacey C. Stone on behalf of Carmela Warfield, the Chairman of the Alaska Republican Partywas not filed in order to declare an actual good-faith candidacy for the office of United States Senator, but was instead filed with a purpose to confuse or mislead and to thereby compromise the ballot’s fairness or neutralityI am de-certifying your candidacy for United States Senator.
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376A trial court held that the Division erred in excluding Daniel J. Sullivan from the ballot.The Alaska Supreme Court summarily affirmedPeltola received 49.5% of the vote, Senator Sullivan received 41.4% of the vote, Daniel J. Sullivan received 2.5% of the voteCase 3:26-cv-00376-SLG Document 1 Filed 10/22/26State of Alaska; Carol Beecher, in her officialDefendant Carol Beecher is sued in her official capacity as Director of Alaska’s Division of Elections.
27Alaska BeaconThe director’s assertion that Mr. Sullivan seeks to confuse or misguide voters is not supported by a preponderance of evidence,Peltola finished first, with 49.5% of the vote, followed by Dan S. Sullivan with 41.4% and Dan J. Sullivan with 2.5%.Thursday’s filing does not name him as a defendant.I said I hope you’re going to make sure there’s no cheating, because any place you have rank(ed) choice, you have damn bad cheating.Alaska U.S. Attorney Michael Heyman was at Trump’s rally in Wasilla this month.
35Alaska BeaconA full opinion on the case will be issued at a later date, the court said.
34Reuterssaid the decision to remove the challenger Sullivan had been undertaken on "good-faith criteria" that are not found in the Constitution or Alaska election lawsthe state's August 18 primary ballot
46ReutersThe U.S. Department of Justice has issued subpoenas in an investigation into whether a Senate candidate in Alaska with the same name as a Republican incumbent entered the race to confuse voters, according to a source familiar with the probe.The grand jury subpoenas are part of a federal probe into the candidacy of Dan J. Sullivan
48Associated PressThe Senate confirmed Todd Blanche as attorney general in a vote early Saturday
12Presidential remarks, Sept. 2I think, Todd, you have a legal case on that.It should be illegal. I don't know how the judges are ruling it, but it really is terrible.
17Associated PressWe are looking at powerful legal options to remove the fraudulent Daniel J. Sullivan Jr. from the Ballot
13ABC NewsOn Wednesday, President Trump posted on social media that he was looking at "powerful legal options" to remove Dan J. Sullivan from the ballot.
14NBC NewsI’m not trying to not have an election certified. Of course not,The Trump administration filed the suit Thursday, the same day Attorney General Todd Blanche told reporters
Democrats and many voting-rights advocates have long feared the administration would try to block certification of elections Trump's party loses, as he tried to do after losing in 2020.17 Attorney General Todd Blanche said that was unlikely outside of extreme circumstances, telling reporters that it is not the department's intention to improperly interfere with elections or the state certification process.17
Democrats and many voting-rights advocates have long feared the administration would try to block certification of elections Trump's party loses, as he tried to do after losing in 2020.17
Blanche said blocking certification was unlikely outside of extreme circumstances, telling reporters it is not the department's intention to improperly interfere with elections or the state certification process.17
17Associated PressDemocrats and many voting rights advocates have long feared that the administration will try to block certification of elections that Trump’s party loses, much as he unsuccessfully tried to do when he lost the White House race to Democrat Joe Biden.U.S. Attorney General Todd Blanche said that was unlikely outside of extreme circumstances.It is not DOJ’s intention to, and it’s never our intention to, improperly interfere with elections or the state certification process,
The department has gone to court over other parts of the midterms too. A week before the Alaska suit it sued California, asking a court to bar the state from counting ballots from about 20,000 voters it says are likely noncitizens.38 In September the Supreme Court said the administration's restrictions on who could receive a mail ballot would most likely lose in court, at least for this year's election.50
A week earlier, on Oct. 15, the department sued California asking a court to bar the state from counting ballots from about 20,000 voters it says are likely noncitizens.38
In September the Supreme Court said the administration's restrictions on mail ballots, which would have given the Postal Service a central role in deciding who could receive one, would most likely lose in court, at least for this year's election.50
38Los Angeles TimesThe Trump administration on Thursday sued California over its handling of voter fraud claimsasking a federal court to immediately bar the state from counting ballots from about 20,000 voters statewide
50Associated Pressthe Trump administration had made a last-minute push to have the U.S. Postal Service play a central role in deciding who would be able to receive a ballotThe court ruled late Monday in an emergency order that the restrictions would most likely lose in court, at least for this year’s election.
Does the law allow it?
The suit rests on one clause of the National Voter Registration Act of 1993 and on the law's grant of power to the Attorney General to sue for relief "necessary to carry out" it.15
The suit's one claim rests on the voter-registration law's purpose of protecting "the integrity of the electoral process" and the Attorney General's power to sue to carry out that law.1
The law lets the Attorney General sue for relief "necessary to carry out" the law.5
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376Count One (NVRA, 52 U.S.C. §§ 20501(b)(3), 20510(a))Congress has tasked state officials with “protect[ing] the integrity of the electoral process,” 52 U.S.C. § 20501(b)(3)
5National Voter Registration Act, 52 U.S.C. § 20510The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this chapter.
National Voter Registration Act·1993·52 U.S.C. § 20501(b)(3)
"to protect the integrity of the electoral process"4
4National Voter Registration Act, 52 U.S.C. § 20501The purposes of this chapter are(3) to protect the integrity of the electoral process; and(1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office;(2) to make it possible for Federal, State, and local governments to implement this chapter in a manner that enhances the participation of eligible citizens as voters in elections for Federal office;(4) to ensure that accurate and current voter registration rolls are maintained.
The clause the suit rests on
The department's case
The department argues that the law puts duties on states to protect the integrity of the electoral process, and that keeping frivolous candidacies off the ballot is part of that integrity. Because Daniel J. Sullivan's presence is substantially likely to confuse voters and distort their will, it says, certifying the election would reflect a process that lacked integrity.1 Its main Supreme Court precedent, it concedes, was about who gets on the ballot, while this suit asks the court to keep the state from certifying a result.1
The complaint argues that the voter-registration law puts duties on states to protect the integrity of the electoral process, that keeping frivolous candidacies off the ballot is part of that integrity, and that because Daniel J. Sullivan's presence is substantially likely to confuse voters and distort their will, certifying the election would reflect a process that lacked integrity.1
The complaint concedes that its main Supreme Court precedent was about who gets on the ballot.1
It asks the court to declare that certifying such a result would violate the state's duties under the National Voter Registration Act, and to keep the state from certifying it pending an investigation of whether votes for Daniel J. Sullivan were meant for the senator.1
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376The NVRA imposes a variety of duties on States for the purpose of “protect[ing] the integrity of the electoral process.”is keeping “frivolous . . . candidacies” from the ballot.there is a substantial likelihood that a certification of the election will reflect an electoral process that lacked integrity.To be sure, Bullock involved including or excluding candidates from the ballot.Declare that certification of any result that may be impacted by voter confusion, as defined above, would violate Defendants’ duties under the NVRA to “protect the integrity of the electoral process.”44. Defendants from certifying any result that may be impacted by voter confusion, as defined above, pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan
The critics' case
Michael Morley of Florida State says the concern behind the suit, a bad-faith sham candidate, is real, but that this suit is frivolous and will be quickly dismissed.29 The clause is one of four purposes the law lists, alongside increasing registration, enhancing eligible citizens' participation, and keeping voter rolls accurate.4 Muller says it places no duties on a state beyond those the law spells out, and calls the argument "one of the worst ones I've ever seen."30 In April, in a case about voter records, the federal appeals court whose rulings bind courts in Alaska called that section the law's "Preamble," where the law states its purposes.6 Vanita Gupta, a former associate attorney general, says no federal statute authorizes the relief the department seeks.26
Michael Morley of Florida State says the worry about a sham candidate is real but this suit is frivolous and will be quickly dismissed.29
The clause the suit cites is the third of four purposes the 1993 law lists; the others are to increase the number of eligible citizens who register, to let governments carry out the law in ways that enhance eligible citizens' participation, and to keep voter rolls accurate.4
Election-law professor Derek Muller says the clause places no duties on a state beyond those the law spells out, and calls the legal argument "one of the worst ones I've ever seen."30
In April, in a case about voter records, the federal appeals court whose rulings bind courts in Alaska described § 20501(b) as the law's "Preamble" and the law's requirements on states as programmatic ones about voter rolls.6
Vanita Gupta, a former associate attorney general, says no federal statute authorizes the relief the department seeks.26
29VotebeatIt arises from real, valid, recognized concerns about a bad-faith sham candidate, potential confusion, and effective disenfranchisement,But this particular lawsuit is frivolous and will be quickly dismissed.
4National Voter Registration Act, 52 U.S.C. § 20501The purposes of this chapter are(3) to protect the integrity of the electoral process; and(1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office;(2) to make it possible for Federal, State, and local governments to implement this chapter in a manner that enhances the participation of eligible citizens as voters in elections for Federal office;(4) to ensure that accurate and current voter registration rolls are maintained.
30Derek Muller, Election Law BlogThis language places no “duties” on a state outside of those enumerated in the chapter.the legal argument is one of the worst ones I’ve ever seen
6Ninth Circuit, PILF v. Nagoexpressing in the NVRA’s Preamble a purpose to “increase the number of eligible citizens who register to vote in elections for Federal office”The NVRA imposes on states programmatic requirements that balance maintaining the integrity of voter rolls with protecting the fundamental right to vote.
26CNNNo federal statute authorizes the relief the DOJ seeks
The candidates and Alaska's other senator
Sen. Lisa Murkowski, Alaska's other Republican senator, says the state already handled the problem by clearly distinguishing the candidates on the ballot, and that the department should never have filed the suit.9 Peltola says Sen. Sullivan is "using his DC allies to try to keep himself in power."10 Sen. Sullivan's campaign says it had "no prior knowledge of this lawsuit and no role in it."28
Sen. Lisa Murkowski, Alaska's other Republican senator, said the state had already handled the problem by clearly distinguishing the candidates on the ballot and that the department should never have filed the suit.9
Peltola said Sullivan is "using his DC allies to try to keep himself in power."10
Sullivan's campaign said it had "no prior knowledge of this lawsuit and no role in it."28
9Sen. Lisa Murkowski, post on XAlaskans don’t need any help voting for their preferred candidates, and the State of Alaska has already handled this by clearly distinguishing the candidates on this year’s ballot.The Department of Justice should never have filed this lawsuit.
10Mary Peltola, post on XNow he’s using his DC allies to try to keep himself in power and put his own interests ahead of Alaskans.
28Anchorage Daily NewsSullivan’s campaign said they had “no prior knowledge of this lawsuit and no role in it.”that Peltola’s assertions that Sullivan was involved were “categorically false.”
What the coverage got wrong
Besides the headlines that dropped the second condition, one report got the test itself wrong, turning it into a sum of votes. UPI wrote that the department wants certification delayed if "the combination of votes for the two men named Dan Sullivan would surpass Peltola's number of votes." The complaint does not add the two men's votes against Peltola's. It redoes the ranked-choice count with Daniel J. Sullivan's votes given to the senator and asks whether the senator would then win.161
UPI wrote that the department wants certification delayed if the combined votes of the two Sullivans would surpass Peltola's; the complaint's test does not add votes against Peltola's but reruns the ranked-choice count with Daniel J. Sullivan's votes given to the senator.161
16UPIThe Justice Department said the certification of results of the race should be delayed if the combination of votes for the two men named Dan Sullivan would surpass Peltola's number of votes.
1DOJ complaint, United States v. Alaska, No. 3:26-cv-00376had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska’s rank-choice process played out accordingly, Senator Sullivan would have won the election.
Three smaller errors do not change the account of the suit. CBS gave the filing as Friday's; it was Thursday, a slip the Times also made and corrected.15140 CNBC put the primary on Aug. 28 and the senator's share at 41.1%; the primary was Aug. 18 and his share 41.4%, and Aug. 28 is the date the complaint itself gives.2413441 UPI called it a Republican primary; it was open to every candidate, with the top four advancing.1641
CBS reported the filing as Friday's; it was filed Thursday, Oct. 22, an error the Times also made and corrected.15140
CNBC put the primary on Aug. 28, the date the complaint gives, and the senator's share at 41.1%; the primary was Aug. 18 and his share 41.4%.2413441
UPI called it a Republican primary; it was the all-candidate top-four primary.1641
24CNBCDaniel J. Sullivan received just 2.5% of the vote in Alaska's open primary on Aug. 28Peltola got 49.5% in the primary, and Sen. Sullivan received 41.1%.
41The New York Times, primary resultsThe top four vote-getters on Tuesday will advance.A crowd of candidates piled into the nonpartisan primary, including Dan J. Sullivan, a former teacher.
16UPIAlaska's Republican primary was held in August.
What happens next
"The lawsuit could well be mooted by a wide Democratic victory or a narrow Republican one," Muller says, "and if not, the court will likely dismiss it."17
Muller says, "The lawsuit could well be mooted by a wide Democratic victory or a narrow Republican one, and if not, the court will likely dismiss it."17
17Associated PressThe lawsuit could well be mooted by a wide Democratic victory or a narrow Republican one, and if not, the court will likely dismiss it next month.
Two groups have asked to join the case as defendants: Peltola's campaign with the Democratic Senatorial Campaign Committee, and two Alaska voters with the League of Women Voters of Alaska and Common Cause, represented by the ACLU.78 The campaign and the DSCC argue the voter-registration law says nothing about who is on the ballot or how, and say they will move to dismiss if admitted. Both groups argue the state may not defend the result vigorously, since the same division tried to keep Daniel J. Sullivan off the ballot.78
On Oct. 23, two groups filed motions asking to join the suit as defendants: Peltola's campaign, Alaskans for Mary, with the Democratic Senatorial Campaign Committee; and two Alaska voters with the League of Women Voters of Alaska and Common Cause, represented by the ACLU.78
Peltola's campaign and the DSCC argue that the voter-registration law regulates only registration, not which candidates are listed on ballots or how, and say they will move to dismiss if admitted; both groups argue the state's officials may not adequately defend the result, since the same division tried to keep Daniel J. Sullivan off the ballot.78
7Motion to intervene, Alaskans for Mary and DSCC, No. 3:26-cv-00376 (Doc. 5)Document 5 Filed 10/23/26Attorneys for Proposed Intervenors Alaskans for Mary and DSCCa statute that exclusively regulates voter registration.Nothing in the NVRA regulates which candidates are listed on ballots or how they are displayed.Proposed Intervenors intend to file a motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6) if intervention is granted.Proposed Intervenors have reason to fear that Defendant Beecher may not vigorously oppose DOJ’s requested relief.
Nov. 18Alaska plans to release its first ranked-choice count.28
Nov. 19The state review board is scheduled to begin its review.11
Nov. 25The state's target date to certify the election.11
28Anchorage Daily NewsThe Division of Elections plans to release initial tabulated results on Nov. 18.
11Alaska Division of Elections calendar11/19/2026 State Review Board begins review of election materials.11/25/2026 Target date to certify the General Election
Morley says that if Sen. Sullivan loses by less than Daniel J. Sullivan's vote, his recourse is an election contest in the U.S. Senate, which judges its own members' elections.29
Morley says that if Sullivan loses by less than Daniel J. Sullivan's vote, his recourse is an election contest in the Senate, which judges its own members' elections.29
29VotebeatIf Senator Dan S. Sullivan loses, and Daniel J. Sullivan’s vote tally exceeds the margin of victory, then the senator’s best bet would be to file an election contest with the U.S. Senate, which is the sole judge of its members’ elections and returns,
Sources
The records
Everything this page rests on, numbered where the story cites it. We keep a dated copy of each one.
2Sample ballot in the DOJ complaint, p. 10 · filed 2026-10-22 · how the two Sullivans are listed; the complaint's 'three Republican candidates' against its own exhibit