Two Dan Sullivans: Alaska's Senate lawsuit, explained

The US Justice Department is asking a federal judge in Anchorage to stop Alaska from certifying the result of its US Senate race in one specific situation: if Republican Sen. Dan Sullivan loses, and the votes cast for another candidate with nearly the same name would have been enough to change the result.

The lawsuit, filed Thursday, Oct. 22, is United States v. State of Alaska, according to the federal court docket. It names the state, Division of Elections Director Carol Beecher and the state's election and ballot review boards. The case has been assigned to US District Judge Sharon Gleason, the Anchorage Daily News reported.

On Sunday, Attorney General Todd Blanche went on two network shows to defend it.

What does the lawsuit ask for?

The complaint argues that "there is a substantial likelihood that a certification of the election will reflect an electoral process that lacked integrity," the complaint says. The Anchorage Daily News also quoted that line.

It asks the court to bar certification of any result that "may be impacted by voter confusion." The suit defines that with a two-part test, according to ADN: first, Sen. Sullivan does not win; second, if all the votes cast for Daniel J. Sullivan had gone to Sen. Sullivan instead, and the ranked-choice count had played out, Sen. Sullivan would have won.

In that case, the department asks that certification wait "pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan," the filing says, according to ADN and Alaska Public Media. The legal basis it cites is the National Voter Registration Act, ADN reported.

The complaint also alleges that some of the senator's supporters "likely will inadvertently vote" for the other candidate. NPR noted that the department has not explained how voters' intentions could be determined, since Alaska uses a secret ballot.

What did Todd Blanche say on Sunday?

Blanche told CNN's "State of the Union" that it was "crazy" for host Dana Bash to ask whether the administration was laying groundwork for the kind of election challenges that came before the Jan. 6, 2021, attack on the Capitol, according to the AP.

"We are not doing anything improper. We're not doing anything we're not allowed to do. And we have to let the process play out," Blanche said, the AP reported. He added that President Trump is not "trying to take over a state election in any way shape or form."

On CBS's "Face the Nation," Blanche said the suit is meant to "put guardrails in place" to preserve possible evidence of voter confusion, the AP reported. "It's not saying, 'Don't certify,'" he said. He said the department's position is that a state should not certify if a court finds a result was decided "because of confusion and not the will of the voters."

NPR reported that Blanche also said the Alaska court ruling allowing the second candidate on the ballot did not consider federal law. "We wish that we didn't have to do this," Blanche told CNN, according to the AP.

On Saturday, Blanche wrote on social media that the department "does not seek to stop any ballot from being cast or to stop the certification of Alaska's election," ADN reported. He said the suit was written by department lawyers without coordinating with any campaign.

What has Trump said?

On Friday in Florida, Trump told reporters he had directed the lawsuit. "I'm the one who said, 'do it,'" he said, according to Alaska Public Media.

On Sunday, Trump told reporters he believes the ballot is illegal because it is unfair, the AP reported. "At least let him use the name Sen. Dan Sullivan as opposed to incumbent, because a lot of people don't know what incumbent means," Trump said, according to the AP.

Late Saturday, at 11:13 p.m. ET, Trump responded on Truth Social to Sen. Lisa Murkowski's criticism of the suit (see below). He wrote that "the Ranked Choice Voting Ballot is a TOTAL DEMOCRAT SCAM meant to confuse the Voter" and that "Lisa Murkowski is a DISGRACE to Alaska and our Country." He ended the post: "VOTE 'YES' AGAINST RANKED CHOICE VOTING, on Ballot Measure 2." Fox News quoted the post in full; The Hill also reported it.

How do the two names appear on the ballot?

On the state's sample ballot, the senator is listed as "Sullivan, Dan S." with the words "Registered Republican" and "Incumbent." The other candidate is listed as "Sullivan, Daniel J. Jr." with no party affiliation shown, according to ADN and the AP.

Four candidates are on the general election ballot: Peltola, Sen. Sullivan, Daniel J. Sullivan Jr. and Republican Gerald Heikes. They were the top four finishers in the August primary, ADN reported.

How does ranked-choice voting work in Alaska?

Alaska voters can rank the candidates in order of preference. Ranking more than one candidate is optional.

If one candidate wins more than half of the first-choice votes, that candidate wins. If no one does, the last-place candidate is eliminated. Ballots that ranked that candidate first then count for the voter's next choice. The rounds continue until one candidate has a majority, according to Alaska election rules as described by local media.

That matters here. A voter can rank both Sullivans. If a voter ranks Daniel J. Sullivan Jr. first and the senator second, and Daniel J. Sullivan Jr. is eliminated, that ballot then counts for the senator. A ballot only stays with Daniel J. Sullivan Jr. while he remains in the count, or if the voter ranked no one else who is still in the race.

How did the second candidate get on the ballot?

In June, Beecher, the elections director, disqualified Daniel J. Sullivan Jr., concluding his candidacy was meant to "confuse or mislead" voters, ADN reported. He challenged that decision. An Anchorage Superior Court judge reversed it, and the Alaska Supreme Court upheld that ruling on June 29, ADN and the AP reported. The justices said the state could list the two men differently to reduce confusion, Alaska Public Media reported.

Daniel J. Sullivan Jr. is a retired teacher from Petersburg, Alaska, according to the AP and Alaska Public Media. He has rejected the accusations against him and has said he is running because he believes the senator is doing a poor job representing Alaskans, ADN reported. "I have every right to run for whatever office I'm qualified for, and I'm qualified for this office," he told the AP in June. Asked about the lawsuit on Friday, he said by text that he had "no comment for now," ADN reported. NewsCubby found no further public comment from him as of Sunday evening.

Trump and other Republicans have called his candidacy fake, and the Justice Department's statement on the suit made similar accusations, according to ADN and the AP. NewsCubby is not repeating the specific allegations, which he denies and which no court has found to be true.

What did the August primary show?

In the Aug. 18 primary, Peltola received 49.5% of the vote, Sen. Sullivan 41.4%, Daniel J. Sullivan Jr. 2.5% and Heikes about 1%, ADN reported. NPR reported that the senator received more than 68,000 votes and Daniel J. Sullivan Jr. received 4,107.

Polls show a close race between Peltola, a former US representative, and Sen. Sullivan, who is seeking a third term, ADN reported. Republicans hold the Senate 53–47, according to Fox News, and Democrats see Alaska as one of the seats they could flip, ADN reported.

What are the other side and Alaska officials saying?

Peltola called the suit "just flagrant, flagrant corruption" at the Alaska Federation of Natives convention, according to Alaska Public Media.

On Friday, her campaign committee, Alaskans for Mary, and the Democratic Senatorial Campaign Committee filed a motion to intervene, asking Judge Gleason to let them join the case. The motion argues that the voter registration law "regulates voter registration and has literally nothing to say about which candidates are listed on the ballot or how they are displayed," and says the court should grant the motion "and, ultimately, dismiss this case." The two groups wrote that they plan to file a motion to dismiss if they are allowed to join. A second motion to intervene came from the League of Women Voters of Alaska, Common Cause and two voters, represented by the ACLU and the ACLU of Alaska; it attaches a proposed motion to dismiss, according to the filings.

Sen. Sullivan's campaign said it had "no prior knowledge of this lawsuit and no role in it," according to ADN. A spokesperson said voters are "smart enough to figure out the difference" between the two candidates, Alaska Public Media reported.

Sen. Lisa Murkowski, Alaska's other Republican senator, criticized the suit on Friday night. "Alaskans 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," she wrote on her verified X account. "The Department of Justice should never have filed this lawsuit."

The Alaska Department of Law said it is reviewing the complaint. A spokesperson said state officials were "focused on running the ongoing election and giving voters confidence their votes will count," Alaska Public Media reported.

What do legal experts say?

David Becker, a former Justice Department voting rights lawyer who leads the Center for Election Innovation and Research, called it "purely a matter of state law," according to Alaska Public Media. Justin Levitt, another former department lawyer, said, "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."

What we know

- The Justice Department filed the suit on Oct. 22 in federal court in Alaska. It argues that certification should wait for an investigation in one specific scenario. - Blanche says the goal is to preserve evidence, not to stop certification. Trump says he ordered the suit. - The ballot labels the senator "Registered Republican" and "Incumbent." The other candidate has no party label.

What we don't know yet

- When Judge Gleason will rule on the two motions to intervene, and whether a motion to dismiss will follow. - How the state will respond in court. - How, if certification were delayed, the department would try to show what voters intended.

What happens next

Early voting began Oct. 19, and Election Day is Nov. 3. Mailed ballots postmarked by Election Day count if they arrive within 10 days, or 15 days from overseas, according to Alaska election rules as reported by local media. More than 30,000 Alaskans had voted early or absentee as of Friday morning, according to the Division of Elections.

As of Sunday evening, the federal docket showed no order from Judge Gleason, no hearing date or schedule, and no filing from the state; the most recent entries were dated Friday, Oct. 23. NewsCubby will update this story as the court acts.

*Credits: reporting from the Associated Press, NPR, CNN, CBS News, Anchorage Daily News, Alaska Public Media, NBC News, The Hill and Fox News, the court record and Truth Social. NewsCubby articles are produced with AI assistance and reviewed by humans.*