Republican U.S. Senator Dan Sullivan and Democratic U.S. Senate candidate Mary Peltola participate in a debate in Anchorage, Alaska, on Oct. 15.Kerry Tasker/Reuters
The U.S. Justice Department on Thursday sued to pre-emptively block Alaska from certifying the results of its U.S. Senate race if the Republican incumbent candidate loses by a narrow margin, saying voters could be confused because two Republicans on the ballot have almost identical names.
The lawsuit signals the willingness of President Donald Trump’s administration to contest the results of the Nov. 3 midterm elections that will decide control of the U.S. Congress.
Trump’s administration has taken an increasingly aggressive approach to election oversight, pressing states for voter-registration data and arguing that stricter measures are needed to ensure public confidence in the vote. Critics, including both Democratic and some Republican election officials, view the moves as federal overreach.
Control of the U.S. Senate could come down to Alaska, where incumbent Republican Senator Dan S. Sullivan is running a closely contested race against Democrat Mary Peltola.
The Justice Department’s lawsuit, filed in federal court in Anchorage, takes issue with the presence of a third contender in the race, another Republican named Dan J. Sullivan Jr, alleging he is running “with the intention of misleading supporters of Senator Sullivan into voting for him.”
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The lawsuit asks a federal judge to block the certification of an outcome “that may be impacted by voter confusion,” so that there can be “an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan.”
Trump told reporters on Friday that he supported the lawsuit, saying “I’m the one that said do it.”
A Justice Department spokesperson said in a statement that the agency is taking “necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters.”
Election officials around the country have told Reuters they are preparing for potential federal interference in November’s elections, including legal challenges and disputes over voting that could disrupt certification of the results.
Trump has a long history of challenging election outcomes and encouraging supporters to contest results he views as unfavourable.
Election law experts said the Justice Department’s lawsuit has no merit and seeks relief not allowed under federal law.
“In short, like many Department letters over the last few years, it is designed to win the press release rather than the litigation,” wrote Notre Dame law professor Derek Muller in a blog post, adding that “the legal argument is one of the worst ones I’ve ever seen.”
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Trump’s administration “has absolutely no authority to tell Alaska when or how to certify the results of its Senate election,” said David Becker of the Center for Election Innovation and Research, a non-partisan group that advises election officials, adding that “this issue has already been fully litigated by Alaska’s courts.”
The unelected Sullivan, a former U.S. Forest Service worker and elementary school teacher, filed to run as a candidate on May 29 seeking to unseat Senator Dan S. Sullivan and “put Alaska first,” according to his campaign website, which advertised “Dan Sullivan Challenges Dan Sullivan for U.S. Senate Seat.”
Dan J. Sullivan has denied in interviews with U.S. news outlets that his aim is to cause confusion or divert votes from Dan S. Sullivan.
The Alaska Supreme Court in June permitted the unelected Sullivan to appear on the ballot. He will appear without a party designation next to his name, while the senator will be listed as the Republican incumbent.
Trump’s approval rating has fallen to a record low, hit by rising diesel and gasoline prices and a conflict in the Middle East that has proven deeply unpopular with voters.
Public opinion polls suggest Republicans may lose control of one or both houses of Congress, which would likely limit Trump’s ability to enact his policies in the final two years of his presidency.