The U.S. Department of Justice filed a federal lawsuit in Alaska on Thursday, October 22, 2026, seeking to prevent state officials from certifying the results of the U.S. Senate race if incumbent Sen. Dan Sullivan (R-AK) loses. The lawsuit specifically requests that certification be blocked if the incumbent would have won had votes cast for another candidate with a similar name, Daniel J. Sullivan, been counted toward the senator's total.
The legal action follows a prior rejection by the Alaska Supreme Court of Republican efforts to remove Daniel J. Sullivan, a retired teacher from Petersburg, from the ballot. The Department of Justice argues that the presence of two candidates named Dan Sullivan threatens the integrity of the election and may lead to voter confusion. While the incumbent appears as a Republican, Daniel J. Sullivan is listed without party affiliation, though some Republicans allege he is a Democratic plant.
In its filing, the Justice Department stated the suit aims to "protect the integrity of the 2026 Senate election" and claimed that some voters may inadvertently select the wrong candidate or feel confused by how to use the state's ranked-choice voting system. President Trump described the second candidacy as a "scam" that could sway the outcome by 1% to 3%. Conversely, Attorney General Todd Blanche stated Thursday that the DOJ does not intend to "improperly interfere" with state certifications outside of extreme circumstances.
The outcome of this lawsuit affects voters in Alaska, particularly those participating in the state’s ranked-choice voting system. If the court grants the Justice Department's request, the final certification of the Senate race could be delayed pending an investigation into voter intent. This would leave Alaska’s representation in the U.S. Senate uncertain during the weeks following the November election, potentially affecting a seat that could determine which party controls the chamber.
The impact involves the Alaskan electorate and could hinge on a small margin; President Trump noted that a shift of 1% to 3% of the vote could decide the race between Sen. Sullivan and Democratic challenger Mary Peltola. For individual voters, this legal challenge introduces the possibility that a vote cast for one candidate could be re-evaluated to determine "intent" if the incumbent loses.
Legal experts, such as Notre Dame professor Derek Muller, have noted that the National Voter Registration Act may not provide the Department of Justice the authority to halt state certification. A specific date for a hearing or a ruling has not yet been reported, but the challenge seeks to stop certification if the reported vote conditions are met.