The Department of Justice filed a lawsuit to halt the certification of a potential Republican loss in the Alaska U.S. Senate race, marking what academics believe is the first such federal action since the Civil Rights era. President Donald Trump stated he directed the department to contest the results due to the presence of two candidates named Dan Sullivan on the ballot. This action follows the president's repeated claims that upcoming midterm elections may be subject to fraud.
The lawsuit in Alaska targets a race between Republican incumbent Dan Sullivan and Democratic challenger Mary Peltola. A second candidate also named Dan Sullivan is on the ballot, which the administration argues could cause voter confusion. While the administration claims it is acting on behalf of voters, Alaska's Republican-controlled state government has filed papers seeking to dismiss the suit, and Sen. Lisa Murkowski (R-AK) stated the administration should not have filed the case.
The Justice Department has also taken legal action in other states ahead of Tuesday's elections. It sued California to stop the counting of ballots after alleging the state had 20,000 noncitizens on its voter rolls and made a similar demand regarding 400 voters in Washington. On Wednesday, October 28, 2026, a federal judge rejected the government's demands in the California case. Additionally, the department previously seized election records in Fulton County, Georgia, as part of an investigation into the 2020 election.
A person voting in these states would notice the impact primarily in the timing of results and the legal status of their registration. While early voting has proceeded without major disruption, the use of the Justice Department to challenge state-level certification sets a precedent that shifts election oversight from state capitals to federal courts. This change in strategy by the executive branch could influence how future administrations handle contested results, moving from verbal challenges to direct use of federal law enforcement and litigation resources to intervene in state-run contests.
What happens next: The primary focus is Tuesday, November 3, 2026, when the majority of voters will cast their ballots. In Alaska, the court must decide whether to grant the federal government’s request to hold up certification of the Senate race. In Georgia, the administration’s sweeping investigation into the 2020 vote continues, though it has not yet produced evidence of fraud. Groups such as the ACLU and Right Count have indicated they are monitoring the polls and have pre-written lawsuits ready to file if further federal intervention occurs on or after Election Day.