Justice Department sues to block Alaska's Senate result if Sen. Dan Sullivan loses to Mary Peltola

The Justice Department has gone to federal court to stop Alaska from certifying its U.S. Senate election unless Republican Sen. Dan Sullivan wins. The suit was filed late Thursday and became public Friday, less than two weeks before voters go to the polls on Nov. 3.

At the center of the case is a second man on the ballot with nearly the same name. Daniel J. Sullivan Jr., a retired teacher who once worked for the U.S. Forest Service, is running without a party label. The government argues his candidacy will trick some backers of the senator into marking the wrong name.

President Donald Trump said Friday that the lawsuit was his idea. "I'm the one that said do it," he told reporters after landing in Florida for a campaign rally. He called the other Sullivan's run "a disgrace" and has spent weeks calling it a scam meant to confuse voters.

What the government wants

The filing, signed by Associate Attorney General Stanley Woodward, asks a judge to block certification under one specific scenario. If the senator loses and the votes cast for the second Sullivan would have been enough to put him over the top once Alaska's ranked-choice count played out, the state would have to hold off.

In that case the department wants certification delayed until investigators look into whether voters mixed up the two names. It also asks for any steps needed to figure out what the result would have been without the second Sullivan on the ballot. The filing says certifying a result shaped by that confusion would mean the state failed to protect the integrity of its election.

A department spokesperson said the second Sullivan's run was designed to mislead voters and that the government is acting under the National Voter Registration Act. One department official described the situation as unique.

Peltola fires back

The senator's main opponent is Democrat Mary Peltola, a former congresswoman. Polls show a tight race with Peltola holding a slim lead in the final stretch. She blasted the lawsuit online, calling it the kind of corruption Alaskans are tired of and accusing Sullivan of leaning on allies in Washington to hold onto his seat.

Sullivan's Senate office and campaign did not answer requests for comment Friday. The second Sullivan also did not respond. Back in June he said his campaign was no sham and that he was not working with anyone, adding that he has every right to run for an office he is qualified to hold.

Experts question the move

State and local officials run elections in the United States. They are also the ones who certify the results. Federal law gives the Justice Department a narrow role that centers on protecting civil rights and prosecuting election crimes.

David Becker, who leads the nonprofit Center for Election Innovation and Research, called the suit an unprecedented federal intervention in a matter of state law. Justin Levitt, a former Justice Department official, said no law lets the department challenge ballots or delay certification.

The timing also raised eyebrows. On the same day the suit was filed, Attorney General Todd Blanche told reporters the department never intends to improperly interfere with elections or the certification process.

A long fight over one name

The second Sullivan finished third in the August all-party primary with 2.5% of the vote. Peltola took 49.5% and the senator took 41.4%. State election officials tried to remove him from the ballot in June, saying his run was not in good faith, but Alaska courts ruled he could stay.

The November ballot does tell the two men apart. The senator is listed as Dan S. Sullivan with the words registered Republican and incumbent beside his name. The other man appears as Daniel J. Sullivan Jr. with no party listed. Because Alaska uses ranked-choice voting, voters can also rank more than one candidate.