Democrats Rush to Court to Stop DOJ Bid to Block Alaska Senate Certification
Democrats and voting-rights groups are asking a federal judge in Alaska to let them fight the Justice Department’s lawsuit seeking to block certification of the state’s Senate race if Republican Sen. Dan Sullivan loses.
Alaskans for Mary, the campaign of Democratic nominee Mary Peltola, and the Democratic Senatorial Campaign Committee filed Friday to intervene, CNBC reported. A separate motion came from the League of Women Voters of Alaska, Common Cause and two voters.
The groups argue the executive branch has no legal authority to step into a state-run election and is attempting an unprecedented override of Alaska’s process while early voting is already underway.
The Democratic filers want defendant-intervenor status so they can move to dismiss the case. They also question whether state officials will defend it vigorously, since the Division of Elections once tried to drop the second Sullivan.
Two Sullivans on One Ballot
The fight centers on Daniel J. Sullivan, a Petersburg resident with a name nearly identical to the incumbent, Daniel S. Sullivan. Republicans contend he is a Democratic plant to siphon votes; he has said he decided to run on his own.
State election officials removed him after a complaint from the Alaska Republican Party, but the Alaska Supreme Court ordered him restored, according to the ACLU, which represents the League and Common Cause. The ballot lists the senator as the Republican incumbent.
The department sued on Oct. 22, asking the court to bar certification of a Peltola win pending an investigation into whether votes cast for Daniel J. Sullivan were meant for the senator. It cites the National Voter Registration Act.
“The Justice Department, consistent with the National Voter Registration Act enacted by Congress, is taking the necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters,” the department said.
President Trump said he ordered the suit. “I’m the one that said do it,” he told reporters Friday as he landed for a rally in Florida, the Associated Press reported.
Sullivan’s campaign kept its distance. “We’ll let the DOJ complaint run its course,” spokesman Nate Adams said, adding that Alaskans can tell the difference between “a Democrat sideshow” and the senator’s record.
Sen. Lisa Murkowski, Alaska’s other Republican senator, broke with the administration. “The Department of Justice should never have filed this lawsuit,” she wrote on social media.
The intervenors say the NVRA governs voter registration and says nothing about candidate eligibility or ballot design. They note the department offers no way to determine what voters who picked the other Sullivan intended.
“The Trump administration is trying to lay the groundwork to reject election results because they are desperate to control our elections,” Common Cause CEO Virginia Kase Solomon said, The Hill reported.
Attorney General Todd Blanche said before the suit was filed that it is never the department’s intention “to improperly interfere with elections or the state certification process.”
Notre Dame law professor Derek Muller doubted the case would last. “The statute simply doesn’t let the Department of Justice enjoin certification,” he told the AP, predicting a dismissal next month if the race is close.
The stakes are real. Sullivan drew more than 68,000 votes in the August primary to 4,107 for the other Sullivan, and both parties expect a tight finish under Alaska’s ranked-choice system, which could take weeks to produce a winner.
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