The Justice Department has filed suit against Alaska election officials, seeking to block the results of November’s U.S. Senate election from being certified unless incumbent Republican Sen. Dan Sullivan wins.
In papers filed in federal court, attorneys for the DOJ argued the presence of Daniel J. Sullivan, Jr. on the ballot could mislead supporters of the sitting senator, Daniel S. Sullivan.
“For example, some supporters of Senator Sullivan likely will inadvertently vote for Daniel J. Sullivan,” the filing says.
“To guard against this danger, it is vital that Defendants not certify any election result that may be impacted by voter confusion,” the suit says.
The Trump administration is seeking a court order blocking the results from being certified “if: (1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska’s rank-choice process played out accordingly, Senator Sullivan would have won the election.”
The filing by Associate Attorney General Stanley Woodward said the action was brought “to protect the integrity of the 2026 Senate election in Alaska.”
The Trump administration filed the lawsuit Thursday, the same day Attorney General Todd Blanche told reporters that “it is not DOJ’s intention to, and it’s never our intention to, improperly interfere with elections or the state confirmation process or certification process.”
“I’m not trying to not have an election certified. Of course not,” Blanche said, although there could be some “doomsday” scenario in which DOJ would seek to get involved.
It’s unclear why the department decided to seek action now, with Election Day less than two weeks away.
U.S. elections are run by state and local officials, who are charged with certifying results.
The Justice Department’s role in U.S. elections is limited by law, which chiefly allows the department to safeguard civil rights and prosecute people who violate election law.
While private citizens and candidates can sue to challenge ballots or election results, Justin Levitt, an NBC News contributor who was a Justice Department official during the Obama administration, said there’s no law that says DOJ can challenge ballots or delay certification.
A DOJ spokesperson told NBC News in a statement Sullivan’s “candidacy was intended to mislead voters and compromise the fairness of the ballot. Therefore, 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.”
Sullivan Jr.’s candidacy has already been challenged in Alaska, where in August he finished in third place with 2.5% of the vote in the all-party primary. Democrat Mary Peltola received 49.5% and Sen. Sullivan received 41.4%.
Sullivan Jr. was initially booted from the ballot in June after election officials found his candidacy was not in “good faith,” citing his choice to run using the name Dan instead of Daniel and being “affiliated with the Republican Party” when he had previously “never—according to the Division’s records—been affiliated with the Republican Party in Alaska.”
The Alaska courts, however, ruled he could stay on the ballot.
04:09
The November ballot does differentiate the two Sullivans. “Dan S. Sullivan” is listed with a “registered Republican” and “incumbent” next to his name, while the other is listed as “Daniel J. Sullivan Jr.” with no party affiliation next to his name.
Sullivan Jr. did not respond to a request for comment on the lawsuit
Sullivan’s campaign and his Republican allies have charged Sullivan Jr. is a Democratic dupe, being used to draw votes away from the incumbent. President Donald Trump has repeatedly criticized Sullivan Jr. as a “cheat.”
“It’s cheating. It’s a spoiler candidate to go on the ballot with the exact same name as your great Senator Dan Sullivan. This guy’s name is Dan Sullivan. He knew nothing about politics. He was just put there by the Democrats to confuse the voter, and it’s very unfair. But that’s what they do. They cheat. They lie. They steal,” Trump said in a video post on social media earlier this month.