Attorneys for Alaska’s Democratic Senate candidate Mary Peltola and Senate Democrats filed a motion Friday urging a federal judge to drop the Trump administration’s lawsuit that seeks to block the results of the upcoming election if Republican incumbent Dan S. Sullivan loses.
The motion, filed on behalf of Peltola’s campaign and the Democratic Senatorial Campaign Committee, called the lawsuit filed by the Justice Department “an unprecedented pre-emptive strike on democratic elections.”
“This case directly threatens both Proposed Intervenors’ interests by demanding that defendants refuse to certify the election if, and only if, Peltola wins,” the filing said. “It is part of a nationwide attack on free elections by the federal government, which the DSCC has fought at every turn.”
The Trump administration filed suit against election officials in Alaska Thursday, arguing that candidate Dan J. Sullivan Jr.’s appearance on the ballot could mislead those who wish to vote for Sen. Dan S. Sullivan’s re-election.
The lawsuit came after President Donald Trump repeatedly complained about both the incumbent being threatened by a man with the same name and the state’s use of ranked-choice voting.
“I am very concerned about the Dan S. Sullivan Race for the U.S. Senate in Alaska in that it is totally confusing,” Trump wrote in a Truth Social post Wednesday. “It’s ridiculous that the Court didn’t stop this SCAM.”
The DOJ’s lawsuit asks the court to block the Alaska Senate results from being certified if Dan S. Sullivan does not win the election, and if “had all votes cast for Dan 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 from Peltola and Senate Democrats pushes back against this request, stating that “the Department of Justice’s assumption that every voter who casts a vote for Dan J. Sullivan really meant to vote for Senator Sullivan is insulting to voters and irreconcilable with Alaska’s ranked choice voting procedures and the ballot’s clear differentiation between the two candidates.”
“Alaskans for Mary and DSCC are entitled to intervene as of right to defend against the Department of Justice’s extraordinary assault,” the motion said. “And there is reason to doubt that the existing defendants will vigorously defend against DOJ’s demands, given their effort to exclude Daniel J. Sullivan from the ballot earlier this year.”
After Dan J. Sullivan Jr. was removed from the ballot in June after election officials decided his candidacy was “not in good faith,” a judge in Alaska overturned the decision later that month, validating his campaign.
Trump has claimed that Dan J. Sullivan Jr. is only running because “Democrats put him up as a matter of confusion,” calling his candidacy “corrupt.” Dan J. Sullivan Jr. has denied the allegations.
NBC News reported in July that federal and state investigators were looking into whether Dan J. Sullivan Jr. could be part of a conspiracy to confuse voters, according to two people who had knowledge of the situation.
The DOJ’s lawsuit comes less than two weeks ahead of Election Day and after the state has begun early voting. The court has not yet set a hearing date for the suit.
Legal and election experts told NBC News that the DOJ’s case is on shaky ground.
As U.S. elections are run and certified by state and local officials, rather than the federal government, the law limits the Justice Department’s role in elections.
The nonpartisan Cook Political Report rated the Alaska Senate contest as a “toss-up.” The race marks a critical opportunity for Democrats to take a seat from Republicans as they vie for control of the Senate.