A range of legal experts and Alaskans decried a Trump administration lawsuit filed Thursday seeking to block certification of the state’s U.S. Senate election if the president’s preferred candidate, Republican incumbent Sen. Dan Sullivan, loses the race.
The lawsuit seeks a court order preventing state election officials from declaring Sullivan’s Democratic opponent, former Congresswoman Mary Peltola, the winner of the Nov. 3 contest if a candidate who shares the incumbent’s first and last name, retired teacher Daniel J. Sullivan of Petersburg, wins a share of the vote. Specifically, the lawsuit seeks to block a Peltola win “pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan.”
“This is a despicable political threat to overturn an election, designed by Senator Dan Sullivan’s allies to suppress the voices of Alaskans because Sullivan is terrified he’ll lose the seat,” said Harry Child, Peltola’s campaign spokesman.
Nate Adams, a spokesperson for Sen. Sullivan’s campaign, expressed confidence in his reelection but said by text Friday “we’ll let the DOJ complaint run its course.”
Alaska’s Senate race has been closely watched nationwide as one of a handful that could determine control of the chamber. More than 30,000 Alaskans had already cast early and absentee ballots as of Friday morning, according to the Division of Elections, and the Sept. 10 deadline to challenge primary results passed more than a month ago.
President Trump has repeatedly derided the Petersburg Sullivan as a “hoax” candidate put forward by Democrats to siphon votes away from the incumbent. The Petersburg Sullivan has denied any connection to the Democratic Party and insisted that he’s running because he’s dissatisfied with Sen. Sullivan’s record. Contacted by Petersburg public radio station KFSK Friday, he declined to comment.
The president said he had personally directed the Justice Department to pursue the lawsuit.
“I’m the one who said, ‘do it,’” Trump told reporters during a stop in Florida Friday afternoon.
The Alaska Department of Law, which defends state agencies in court, said it was reviewing the complaint and did not have an immediate comment on the merits of the lawsuit. Spokesperson Sam Curtis said the Department of Law and Division of Elections were “focused on running the ongoing election and giving voters confidence their votes will count.” That includes making sure voters aren’t confused by their choices, he said.
The lawsuit represents a baseless effort by the Trump administration to interfere in the state’s elections, a range of legal experts said Friday.
State Sen. Bill Wielechowski, an Anchorage Democrat who’s led efforts to reform the state’s election system, said the suit was “a political stunt” with “zero merit to it.”
“They're throwing the kitchen sink out, doing everything they can to try to tip the scales in Sen. Dan Sullivan's favor,” Wielechowski said.
The Division of Elections sought to remove the Petersburg Sullivan from the ballot ahead of the August primary, arguing he joined the race intending to confuse voters. But the Alaska Supreme Court in June ordered the Division of Elections to place the retired teacher on the ballot. The justices said the state could instead list them differently, to alleviate voter confusion.
The Petersburg candidate advanced to the general election after placing third in the August primary with 2.5% of the vote.
The Division of Elections lists the Petersburg candidate as “Sullivan, Daniel J. Jr.” without a party affiliation and the senator, Dan S. Sullivan, as the incumbent Republican.
State Rep. Andrew Gray, an Anchorage Democrat who chairs the state House Judiciary Committee, said on social media that many of the primary votes for the Petersburg teacher were “protest votes against Mary Peltola.”
“It is very clear which is which. No one is making a mistake,” Gray said.
Former Republican state Rep. Jesse Sumner of Wasilla said he, too, was skeptical the same-name candidate’s presence on the ballot would damage the incumbent’s chances of winning.
“I don't think people are likely to confuse him with the incumbent senator,” Sumner said.
David Becker, a former Justice Department attorney overseeing voting rights enforcement who now heads the Center for Election Innovation and Research, said the Justice Department lawsuit is an unprecedented intervention by the federal government.
“This is purely a matter of state law, and the administration has absolutely no authority to tell Alaska when or how to certify the results of its Senate election,” Becker said. “The DOJ attempting to intervene at this late stage is entirely against department policy, as there is no legitimate enforcement of federal law here, and it raises serious concerns about political interference.”
Another former Justice Department attorney, Justin Levitt, said he expected courts to reject the suit.
“There is no path for DOJ to block certification of an election result based on any notion that a candidate shouldn't have been running,” he said. “That’s not a thing, and courts won't give it the time of day.”
Libby Bakalar, a former state assistant attorney general, said on social media the suit was “laughably bad, almost to the point of sanctionably frivolous.”
But Wielechowski, the Democratic state senator, said he’s worried Republican Gov. Mike Dunleavy’s administration might not faithfully defend the state from the Trump administration lawsuit. After all, state officials initially sought to remove the Petersburg Sullivan from the ballot, he said.
“I am very, very concerned that you're seeing a highly politicized administration that is going to do everything that it can to try to tip the scales in favor of the candidates that they would like to see in office,” Wielechowski said.
Republican Lt. Gov. Nancy Dahlstrom, the elected official who heads the Division of Elections, did not immediately return requests for comment.
News of the lawsuit landed during the Alaska Federation of Native convention, on the day Peltola is scheduled to speak. Robert Keith of Elim said he was outraged when he read about it on his phone and immediately texted it to friends.
“I’m imagining the judge kicking that out,” he said. He predicted it would backfire, driving more people to the polls to vote for Peltola.
“Is the president advertising for Mary?” he said. “It might not be a bad thing in the long run.”
This is a developing story. Check back for updates.
