The Department of Justice (DOJ) on Thursday filed a lawsuit that intends to weigh in on the results of the Senate race in Alaska.
asserted
that → file → Alaska
It seeks to block certification of the election results under certain conditions if under Republican Sen. Dan S. Sullivan loses.
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Sullivan → seek → conditions
Experts question whether it has the legal basis to do so—and if this intervention is a preview of how the Trump Administration might respond to unfavorable midterm results across the U.S.
The DOJ, in its filing, expressed concern that there might be “voter confusion” stemming from the fact that two candidates on the ballot are named Dan Sullivan.
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candidates → question → ballot
Republican Sen. Dan S. Sullivan is currently seeking re-election, and one of his challengers is Daniel J. Sullivan.
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one → seek → challengers
The GOP raised concerns about the similar-seeming names when Sullivan filed to run in May, and a solution was proposed to add the word “incumbent” beside the current senator’s name.
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solution → raise → name
But they continued to express concerns that voters will split their votes between the two men, potentially opening the door for Democrat Mary Peltola to win the seat.
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Peltola → continue → seat
Alaska has traditionally been a state that leans Republican: Trump won the state by 13 points in 2024, and the state has not had a Democratic governor since 2002.
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state → lean → 2002
But the race is closer than analysts first expected.
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analysts → expect → ?
October polls from The New York Times/Siena, Alaska Survey Research, and Data for Progress show Peltola leading Dan S. Sullivan by between 2 and 7 points.
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Peltola → show → points
The DOJ lawsuit claims that the “sole purpose” of Daniel J. Sullivan’s candidacy is to benefit Peltola.
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purpose → claim → Peltola
Therefore, it seeks to block certification if the incumbent loses but would have won with all of Daniel J. Sullivan’s votes.
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incumbent → seek → votes
To determine that, it proposes recalculating the ranked-choice count as though those votes had gone to the incumbent instead.
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votes → determine → incumbent
In a Wednesday Truth Social post, Trump said he was “very concerned” about the race and described the situation as “totally confusing.”
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he → say → situation
The DOJ said there would need to be an “investigation” to determine which vote was meant for which Sullivan.
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vote → say → Sullivan
There is no indication of how they might distinguish voter intent.
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they → be → intent
Neither the DOJ nor the candidates’ campaigns responded to TIME’s requests for comment.
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DOJ → respond → comment
On Friday, Peltola’s campaign and the Democratic Senatorial Campaign Committee asked to join the DOJ’s case as defendants, writing: “Alaskans, apparently, must elect Senator Dan S. Sullivan or the President will not let them elect anyone at all.”
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them → ask → anyone
Voting rights experts are calling it a “garbage lawsuit” and “an unprecedented intervention by the federal government.”
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experts → call → government
“Alaskans don’t need any help voting for their preferred candidates,” she wrote in a post on X. “
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she → need → X.
The Department of Justice should never have filed this lawsuit.”
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Department → file → lawsuit
Asked to comment on the DOJ filing Friday, Trump told reporters: "I'm the one that said do it."
Why experts question the DOJ’s Alaska election lawsuit
Prior to the DOJ lawsuit, Republicans sought to remove Daniel J. Sullivan from the ballot in June.
When he decided to run, Republicans sent complaints to Carol Beecher, the director of Alaska’s Division of Elections.
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Republicans → ask → Elections
She wrote a letter to Sullivan in June saying that election officials had determined that he would be removed, claiming his candidacy was not filed “in good faith for the purpose of genuinely pursuing” leadership.
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candidacy → write → leadership
Sullivan challenged the decision and sued the state.
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Sullivan → challenge → state
Judge Thomas Matthews of Alaska’s Third District Superior Court ruled in June that he could remain on the ballot beside the other candidates.
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he → rule → candidates
He wrote in a 32-page decision that elections officials were introducing a “new, previously unstated ‘good faith’ criteria” and said that this requirement is not present in state law or the Constitution.
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requirement → write → law
That decision was upheld by the Alaska Supreme Court on June 29.
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decision → uphold → June
It was later determined that a “mitigating remedy” would be to present each candidate’s name with the middle initial and to add “incumbent” to the sitting senator’s name.
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remedy → determine → name
The Alaska Supreme Court ruling did not end scrutiny of Daniel J. Sullivan’s candidacy.
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ruling → end → candidacy
In August, Reuters reported that the DOJ had issued grand jury subpoenas while investigating whether he entered the race to confuse voters.
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he → report → voters
The DOJ then filed its new lawsuit amid October polling that showed Peltola ahead.
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Peltola → file → polling
The department justifies the move using language in the National Voter Registration Act (NVRA) that says its purpose is to “protect the integrity of the electoral process.”
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purpose → justify → process
Experts, however, dispute whether that language authorizes the intervention.
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language → dispute → intervention
Derek Muller, a professor of election law at the University of Notre Dame, wrote in a blog post after the filing that the proposed investigation is “essentially impossible.”
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investigation → write → filing
But succeeding is not the point, he continues.
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he → succeed → ?
“The legal claim is so absurdly thin, there’s essentially no likelihood of success,” he wrote, adding that the real purpose of litigation is to signal to the press and public that the Trump Administration is “ready” if the result goes against the GOP’s interests in Alaska.
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result → ’ → Alaska
The Center for Election Innovation and Research (CEIR), a nonpartisan nonprofit working to inform voters, called the move “unprecedented” in a statement that also said the lawsuit “raises serious concerns about political interference.”
“I cannot recall an administration ever attempting to stop the certification of an election—and certainly not 11 days before polls close,” CEIR Executive Director David Becker said in the statement.
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Becker → work → statement
“Furthermore, this issue has already been fully litigated by Alaska’s courts,” he continued.
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he → litigate → courts
“Alaska election officials are following state law, as the Constitution requires, and the courts will uphold that.”
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courts → follow → that
Richard Hasen, a professor of law at UCLA, called the move a “desperate and unprofessional assault” on the American elections system.
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Hasen → call → system
Common Cause, a nonpartisan organization represented by the ACLU, filed a motion on Friday seeking to join the case to oppose the DOJ’s effort.
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Cause → represent → effort
…and 17 more, not listed.
The Aporia
