Trump Says He Ordered the Lawsuit Over Alaska's Other Dan Sullivan

The Justice Department went to federal court in Alaska on Thursday seeking to stop state officials from certifying the U.S. Senate result if Republican Sen. Dan S. Sullivan loses. The reason is a second name on the ballot: Daniel J. Sullivan, a retired teacher from Petersburg. The department claims his candidacy creates voter confusion and is a sham.

On Friday, President Trump made clear where the idea came from. Speaking to reporters after landing for a rally in Florida, he said, "I'm the one that said do it," according to NBC News.

The timing is the story as much as the theory. The suit landed 11 days before the Nov. 3 election and months after the ballot was set, in a race between Sullivan and former Democratic Rep. Mary Peltola. This account draws on published reports; the complaint itself has not been reviewed here.

What the Justice Department Is Asking For

The case was filed in U.S. District Court for the District of Alaska, and the named defendants include Division of Elections Director Carol Beecher. As NBC described it, the department wants certification blocked only if two things happen: Sen. Sullivan fails to win, and he would have won had every vote cast for Daniel J. Sullivan gone to him under Alaska's ranked-choice system. Roll Call framed it slightly differently, reporting that certification would pause if the incumbent loses by fewer votes than the other Sullivan received. That specific threshold appears only in Roll Call's account.

The complaint also asks for an investigation into whether votes for Daniel J. Sullivan were meant for the senator. Citing Courthouse News, the Daily Signal reported that the complaint says: "The sole purpose of [Dan J. Sullivan's] candidacy is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan." The department argues federal law requires states to protect the integrity of federal elections. According to NBC, the complaint calls it "vital that Defendants not certify any election result that may be impacted by voter confusion."

A Fight Alaska Already Had Once

None of this is new to Alaskans. Earlier this year, Beecher investigated Daniel J. Sullivan herself and, as The Hill reported, cited "credible allegations" that he was a spoiler before concluding he could not be on the ballot. Republicans have called him a Democratic plant. He has said he ran on his own. The state court overrode Beecher's finding, and the Alaska Supreme Court rejected an earlier Republican effort to remove him.

So the federal government is now asking a federal judge to step into a dispute Alaska's courts have already handled once, and to do it only in the event the Republican comes up short.

Skeptics, and a Careful Campaign

Derek Muller, a Notre Dame law professor, said the suit likely applies only in a narrow Republican loss and probably would not survive long, arguing that the statute does not let the department enjoin certification. That was the only assessment of the suit's legal strength in the coverage reviewed.

The senator's own campaign kept its distance. Spokesman Nate Adams said in a text, "We'll let the DOJ complaint run its course," and did not say whether Sullivan supports the suit. Devan Barber, executive director of the Democratic Senatorial Campaign Committee, criticized the suit, according to U.S. News. The reporting reviewed contained no response from Peltola or from state election officials.

Decision Desk HQ's polling average has Peltola up about two points and rates the race lean Democratic, while the Cook Political Report and Inside Elections both rate it a toss-up.

What Comes Next

No court response or state filing turned up in the reporting reviewed. Because the department's request turns on the final ranked-choice tally, any ruling would most likely come after Alaskans vote on Nov. 3 and the results are known.