The Trump administration filed a federal lawsuit in Anchorage on Thursday seeking to block Alaska from certifying the result of its November 3 Senate election if incumbent Republican Senator Dan Sullivan loses. The lawsuit, signed by Associate Attorney General Stanley Woodward, argues that the presence of a second candidate named Daniel J. Sullivan on the ballot creates voter confusion that could unfairly tip the race to Democratic challenger Mary Peltola.
President Donald Trump told reporters on Friday that he personally directed the Justice Department to file the suit, making the political motivation explicit. Legal scholars were swift to question the action's constitutionality, with Notre Dame law professor Derek Muller saying the applicable statute simply does not permit the DOJ to block a state's certification process, and that the lawsuit would likely be dismissed or rendered moot depending on the margin of the result.
The Alaska race is among the most closely watched contests in November's midterms, which will determine whether Republicans retain their Senate majority. Democrats accused the administration of attempting to pre-empt the will of Alaska voters, with the Democratic Senatorial Campaign Committee calling it a sham lawsuit designed to steal an election. Sullivan's own campaign said it was surprised by the filing and had not asked for it.
The lawsuit is the latest instance of the Trump Justice Department inserting itself into the administration of elections, deepening concerns among voting rights advocates that the administration may resist certifying unfavourable results — echoing events after the 2020 presidential race.