DOJ sues to prevent Sullivan loss in Alaska

Michael Macagnone, CQ-Roll Call on Oct 23, 2026

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WASHINGTON — The Justice Department has moved in federal court to preemptively block a narrow loss by Republican Sen. Dan S. Sullivan if he comes up short in his reelection bid next month.

The lawsuit filed Thursday in an Alaska federal court argues that the presence of a third contender in the race, Daniel J. Sullivan Jr., should justify a delay in certifying the race if the incumbent should lose to Democrat and former Rep. Mary Peltola. The suit claims the second Sullivan’s candidacy is “frivolous” and the state’s election certification should be paused if the incumbent loses by less than the number of votes for Dan J. Sullivan Jr.

“Given the substantial likelihood that the inclusion of Daniel J. Sullivan will confuse or mislead voters looking to cast a vote for Senator Sullivan and thus distort the will of Alaskan voters, there is a substantial likelihood that a certification of the election will reflect an electoral process that lacked integrity,” the complaint says.

The Alaska Senate contest could determine control of the chamber, and Inside Elections with Nathan L. Gonzales rates the race a Toss-up.

Speaking to reporters Friday, President Donald Trump said he personally had directed the lawsuit because he thought the “fake” Sullivan was trying to help Democrats.

“I’m the one that said do it,” Trump said.

The statement is unusual for a sitting president, although Trump has taken a more active role in federal investigations, and Attorney General Todd Blanche has said a president has a right to direct criminal and civil probes.

Earlier this year, Daniel J. Sullivan Jr. successfully sued to be included on the ballot after state election officials removed his name. State courts found that the second Sullivan was a valid candidate and election officials should not have taken at face value claims of confusion.

The complaint filed Thursday asserts that the second Sullivan launched his campaign solely to “dupe” voters, despite the state court ruling that he was a valid candidate. The complaint claims that in Alaska’s ranked choice voting system, voters may rank Daniel J. Sullivan Jr. instead of incumbent Sen. Dan S. Sullivan and have those votes go to Peltola.

The complaint asked the judge to allow a delay in certifying the election until an “investigation” into whether votes for Daniel J. Sullivan Jr. should have gone to Dan S. Sullivan. The suit does not specify how that investigation would be conducted, who would be responsible for it or what it would do with the supposedly mistaken votes.

It’s the latest attempt by the Trump administration to use the courts to assert a role in the coming elections. The DOJ filed a lawsuit last week in California arguing that the state had sent mail ballots to more than 20,000 potential noncitizens and those ballots should be segregated until voters can prove their citizenship.

After a judge set a hearing for next week in that case, the DOJ appealed, arguing it should receive an “ex parte” order without the state weighing in.

The lawsuits dovetail with earlier efforts by the Trump administration to assert a greater role in state election procedures, including attempts to obtain private voting data from dozens of states, restrict mail voting and require proof of citizenship to vote.

Democrats in Congress as well as state officials and civil rights groups have voiced fears the Trump administration may try to interfere with the midterm elections on Election Day, such as by sending armed federal agents to polling locations.