The U.S. Department of Justice (DOJ) is seeking a conditional pause in Alaska’s Senate certification, arguing that a hypothetical ranked-choice re-tabulation could change the result if Sen. Dan S. Sullivan loses.
DOJ filed its complaint Oct. 22 in the U.S. District Court for the District of Alaska, invoking the National Voter Registration Act (NVRA). The filing asks the court to halt certification while state officials examine whether ballots cast for Daniel J. Sullivan Jr. reflected an intent to support the senator. The request applies only if Sen. Sullivan loses the initial count but becomes the winner when every vote for Daniel J. Sullivan Jr. is counted as a vote for the senator.
Under Alaska’s ranked-choice system, voters list candidates in order. If a candidate is eliminated, that candidate’s ballots can move to the voter’s next choice still in the race. DOJ argues ballots for Daniel J. Sullivan Jr. could benefit Democratic candidate Mary Peltola when she is the next eligible choice. The department alleges Daniel J. Sullivan Jr.’s candidacy was intended to confuse voters and draw votes from the senator. That is DOJ’s allegation, not a court finding.
Alaska’s official candidate list includes both men as certified U.S. Senate candidates and identifies Daniel J. Sullivan Jr. as a registered Republican. The complaint says the Division of Elections tried to remove him from the ballot. It says a state trial court found the division had erred; the Alaska Supreme Court left that ruling in place June 29.
President Donald Trump said Oct. 23 that he ordered the suit, telling reporters, “I’m the one that said do it.” His account of directing DOJ to sue Alaska came a day after the complaint was filed.
Reason’s Volokh Conspiracy contributor Ilya Somin argued that possible voter confusion does not give the federal government a legal basis to overturn congressional election results. That is Somin’s legal analysis, not a court ruling.
DOJ’s complaint cites Supreme Court decisions concerning state interests in ballot integrity and reducing voter confusion. It also invokes Bullock v. Carter, a 1972 case about candidate access to the ballot, arguing those interests still apply after votes are cast. Alaska’s general election is scheduled for Nov. 3, 2026.
