Alaska Law Defends Ballot Against Federal DOJ Challenge

Alaska election officials maintain their opposition to a federal lawsuit seeking to delay the certification of the state’s Senate race, even after new reports detailed efforts by Democrats to recruit a candidate with the same name as the Republican incumbent. The state’s Department of Law stated that the revelations do not change the legal footing of the dispute. The election is scheduled for November 3, giving voters less than a week to cast ballots in what remains one of the most competitive Senate races in the country.

A spokesperson for the Alaska Department of Law, Sam Curtis, told CNN that a New York Times article published Wednesday confirms the state’s initial concerns regarding the candidacy of Daniel J. Sullivan, a retired teacher. Curtis said the new information has no impact on the current litigation. He emphasized that placing candidates on the ballot is a matter of state law, not federal law. The Alaska Supreme Court has already ruled that Daniel J. Sullivan must appear on the ballot.

The Justice Department is citing a federal law in its case, but Curtis argued that the statute does not dictate which candidates can run or authorize the specific relief the department is seeking. The state’s Division of Elections remains bound by the Alaska Supreme Court’s order. Curtis added that the division is committed to running a fair election and assisting voters as needed.

The reports rattled the race, which features former at-large House member Mary Peltola as the Democratic nominee. Peltola’s campaign continues to deny any involvement in Daniel J. Sullivan’s candidacy. Republican President Donald Trump, who has complained about the name overlap for months, directed the Justice Department lawsuit last week. He posted multiple messages on social media slamming Peltola, including one stating she should be removed from the ballot and prosecuted. Trump also wrote that the fake Dan Sullivan should be removed, stating that nothing else will do.

Nate Adams, a spokesman for Sen. Dan S. Sullivan, accused Peltola of spending months gaslighting Alaskans. He said in a statement that the campaign always knew this was a concerted effort to deceive voters. Adams claimed Peltola was hoping the issue would stay covered up until after the election.

Attorney General Todd Blanche appeared on Fox News to tout the Times story as proof that the Justice Department was right to bring the federal lawsuit. When pressed on whether anything illegal had occurred to give the DOJ the ability to intervene in a state-run election, Blanche could not provide a specific answer. The Justice Department told a federal judge on Wednesday that it wants to seek answers and evidence from Peltola’s campaign regarding the report, which the department called a conspiracy.

Legal experts noted that the federal government should not try to block certification of a race simply because it dislikes the outcome. Dean Franita Tolson of the University of Southern California Gould School of Law said the reporting does not give the lawsuit more credence. Derek Muller, a law professor at the University of Notre Dame Law School, added that while the reports may make the Peltola campaign look bad to some voters, they will not affect the litigation at this stage. Rick Hasen, an election law specialist, observed that the situation is a more extreme version of parties trying to find candidates who siphon votes from major party competitors.