The U.S. Department of Justice (DOJ) is asking a court to block certification of Alaska’s Nov. 3 Senate result based on a ranked-choice vote test involving two candidates named Sullivan.
The DOJ sued on Oct. 22 and amended its complaint on Oct. 29. It asks the court to halt certification if incumbent Sen. Dan S. Sullivan loses and a hypothetical tally would make him the winner. For that test, the complaint proposes treating every vote cast for Daniel J. Sullivan Jr. as a vote for the senator before running the ranked-choice count. The DOJ alleges that confusion over the candidates’ names could benefit Democratic Senate nominee Mary Peltola at Sullivan’s expense.
Alaska’s ranked-choice count assigns each ballot to its highest-ranked candidate still in the race. If more than two candidates remain and none has a majority of active ballots, the candidate with the fewest votes is eliminated. A ballot then moves to its next choice still in the contest, if it has one; otherwise, it becomes inactive. The candidate with more votes wins once two remain. Voters can rank multiple candidates or leave some unranked, and a lower choice counts only after higher-ranked choices are eliminated.
Alaska uses an all-candidate, nonpartisan primary, with the top four finishers advancing to the general election. Voters approved the system in 2020, and the state first used ranked-choice voting in a special general election in 2022.
Alaska’s attorneys asked the judge to dismiss the case on Oct. 31. They argue that the ballot distinguishes the candidates, that it cannot show whether a voter intended to select someone else and that the DOJ’s requested approach could threaten ballot secrecy. The docket showed no final ruling as of Oct. 31.
The Alaska Division of Elections says ranked-choice tabulation begins after the last ballot count on the 15th day following Election Day. Its results page says tabulations will not be available before Nov. 18, after eligible ballots are reviewed and counted.
