The US Justice Department has lodged an updated legal complaint that would seek to decertify the outcome of Alaska’s Senate race if Republican incumbent Dan S Sullivan narrowly loses. The filing came on Thursday, only days before the November 3 midterm vote that will shape which party controls Congress.
The complaint accuses Democrats of attempting to confuse voters by listing a candidate on the ballot who shares Sullivan’s name. The Alaska contest is one of seven tight races widely expected to determine whether Republicans keep their majority in the Senate.
Allegations against the Peltola campaign
Democratic challenger Mary Peltola is trying to unseat Sullivan, a Republican ally of President Donald Trump. A report on Wednesday alleged that people connected to Peltola’s campaign helped recruit a retired teacher, Dan J Sullivan Jr, to run as a spoiler candidate. The goal, according to the allegation, was to draw votes away from the incumbent.
Also read: Alaska Senate race: Trump administration sues over certification
Peltola’s campaign has denied any involvement in Dan J Sullivan Jr’s bid. Alaska Governor Mike Dunleavy has also ordered a criminal investigation into the claims. Prosecutors, however, have accused the Democrat and her allies of partisan manoeuvring that undermined voters.
Subpoenas and the push to block certification
According to a news agency report, the Justice Department issued 40 subpoenas and document preservation requests alongside the revised complaint. The department’s lawyers wrote in the amended filing that the campaign was run “for the purpose of misleading Alaskan voters and getting Peltola elected.”
The move has raised concerns about election integrity and federal interference. Under the US Constitution, however, running elections is a matter for the states rather than the presidency. Alaska’s Supreme Court ruled in June that Dan J Sullivan Jr could compete in the midterms, and the state’s election office has already acted to reduce confusion between the two Sullivans.
Recruiting candidates to split an opponent’s vote, a practice known as ballot stacking, is generally considered legal and has been used by both parties in Alaska. Critics have also doubted the department’s effort to pause certification if Sullivan loses, noting that voter intent cannot be read from the final tally alone.
Former official questions federal role in the case
Justin Levitt, a former Justice Department official under President Joe Biden, questioned what legal authority the federal government had to become involved. He told the Associated Press that he did not know which federal violations the subpoenas were meant to investigate, or whether the department had jurisdiction over them.
“Sure makes it seem like the point of the investigation is to become the story,” Levitt said.
Wider midterm fight and Trump’s stance on results
Democrats and Republicans are locked in close races across the country that will decide which party holds the Senate for the rest of Trump’s second term. Republicans currently hold a narrow majority of 53 of the chamber’s 100 seats.
Democratic candidates are hoping to flip seats by capitalising on Trump’s deep unpopularity and public frustration over the cost of living. Trump has suggested he may not accept the midterm results if his party loses its congressional majorities, and he has pushed false claims of widespread voter fraud. The Justice Department has also challenged the voting process in several states, including California.
