Justice Department sues to pause Alaska Senate certification over candidate name dispute

The Trump administration filed a federal lawsuit this week to stop the certification of the Alaska Senate race result. The suit aims to pause the official declaration of a winner until officials determine whether voters were confused by a candidate sharing the incumbent’s last name. Republican Sen. Dan Sullivan faces Democrat Mary Peltola, the state’s former House member, in the general election. Two other candidates also appear on the ballot, including a retired school teacher named Daniel J. Sullivan Jr.

The New York Times reported this week that internal communications from the Peltola campaign show she recruited the second Sullivan. The report detailed a strategy reaching back to 2025 involving a Democratic strategist from outside Alaska. Peltola announced her Senate run in January 2026. She has denied involvement in the recruitment, as has the Democratic Senatorial Campaign Committee. President Donald Trump called for Peltola’s prosecution following the report. The Justice Department issued subpoenas in a criminal investigation.

Critics argue the administration is using the Justice Department as a political tool. The agency has historically avoided overt investigative actions within 60 days of an election. Recent weeks saw a surge in activity, including a search of the home of Democratic Rep. Ilhan Omar. The Justice Department stated Wednesday that it is following the facts and the law, not anyone’s political timetable. Justin Levitt, a former Biden administration Justice official and current law professor at Loyola Marymount University, said the timing seemed unlikely given how common the tactic is. He noted that no disclosed behavior violates federal law.

The practice of using same-name candidates has a long history in American politics. In 1946, Boston city councilman Joe Russo ran against a 27-year-old janitor with the same name in a Democratic primary. Supporters of the eventual winner, John F. Kennedy, recruited the janitor to the ticket. In the current Alaska race, Republicans have long suspected the second Sullivan was a Democratic plant. The administration’s lawsuit targets this specific concern by seeking to halt certification of a possible Peltola victory.

Alaska uses a ranked-choice voting system that allows anyone who pays a $100 filing fee to appear on the primary ballot. The top four finishers advance to the November election, where voters can rank three candidates. Jason Torchinsky, a Republican campaign finance attorney and former Justice Department official, said the system is prone to manipulation. He described the current situation as evidence of how various actors can exploit the process. In traditional systems, candidates must secure party nomination or gather tens of thousands of signatures.

Defenders of Alaska’s voting system argue it is harder to manipulate because voters can rank both Sullivans and avoid Peltola. Sullivan’s campaign urges Alaskans to do exactly that. Republicans have supported a ballot measure to repeal the ranked-choice system in this election. David Becker, executive director of the Center for Election Innovation and Research, expects a judge to quickly reject the lawsuit if Sullivan does not win. He described the suit as frivolous but suggested Congress should regulate these practices to prevent both parties from using them.

The Justice Department’s move intervenes directly in the election outcome. The lawsuit was filed last week. The case will now proceed through the federal courts while the state prepares to certify the vote. The race could determine control of the Senate. No hearing date has been set for the certification challenge.