The Justice Department has filed suit against Alaska election officials, seeking to block the results of November’s U.S. Senate election from being certified unless incumbent Republican Sen. Dan Sullivan wins — a controversial move President Donald Trump claimed credit for.
In papers filed in federal court, attorneys for the DOJ argued the presence of Daniel J. Sullivan Jr. on the ballot could mislead supporters of the sitting senator, Daniel S. Sullivan.
“For example, some supporters of Senator Sullivan likely will inadvertently vote for Daniel J. Sullivan,” the filing says.
“To guard against this danger, it is vital that Defendants not certify any election result that may be impacted by voter confusion,” the suit says.
The Trump administration is seeking a court order blocking the results from being certified “if: (1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska’s rank-choice process played out accordingly, Senator Sullivan would have won the election.”
Trump told reporters Friday that he directed the suit to be filed.
“I’m the one that said do it,” Trump said, calling Sullivan Jr.’s candidacy “a disgrace.”
The filing by Associate Attorney General Stanley Woodward said the action was brought “to protect the integrity of the 2026 Senate election in Alaska.”
Mary Peltola, the Democratic nominee in the Senate race, blasted the move in a post on X, saying, “This is the corruption AK is fed up with,” and that Sullivan is “using his DC allies to try to keep himself in power and put his own interests ahead of Alaskans.”
Sullivan’s Senate office did not immediately respond to a request for comment on the lawsuit, nor did his campaign when asked about the suit and Peltola’s post.
Alaska’s Division of Elections said in a statement that it is reviewing the complaint and is “focused on running the ongoing election and giving voter’s confidence that their votes will count.”
“This also includes assisting voters and avoiding voter confusion — whether through the information in the Official Election Pamphlet, asking questions of a poll worker, or bringing others to assist you with voting as permitted by law,” the department said.
The Trump administration filed the suit Thursday, the same day Attorney General Todd Blanche told reporters that “it is not DOJ’s intention to, and it’s never our intention to, improperly interfere with elections or the state confirmation process or certification process.”
“I’m not trying to not have an election certified. Of course not,” Blanche said, although there could be some “doomsday” scenario in which DOJ would seek to get involved.
It’s unclear why the department decided to seek action now, with Election Day less than two weeks away.
U.S. elections are run by state and local officials, who are charged with certifying results.
The Justice Department’s role in U.S. elections is limited by law, which chiefly allows the department to safeguard civil rights and prosecute people who violate election law.
While private citizens and candidates can sue to challenge ballots or election results, Justin Levitt, an NBC News contributor who was a Justice Department official during the Obama administration, said there’s no law that says DOJ can challenge ballots or delay certification.
A DOJ spokesperson told NBC News in a statement that Sullivan’s “candidacy was intended to mislead voters and compromise the fairness of the ballot. Therefore, the Justice Department, consistent with the National Voter Registration Act enacted by Congress, is taking the necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska’s election or the will of its voters.”
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A DOJ official called the situation “unique.”
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Sullivan Jr. did not respond to a request for comment on the lawsuit.
David Becker, executive director for the nonprofit Center for Election Innovation & Research, called the legal action “an unprecedented intervention by the federal government” in a statement.
“This is purely a matter of state law, and the administration has absolutely no authority to tell Alaska when or how to certify the results of its Senate election,” he said, and the “DOJ attempting to intervene at this late stage is entirely against department policy.”
Sullivan Jr.’s candidacy has already been challenged in Alaska, where in August he finished in third place with 2.5% of the vote in the all-party primary. Peltola received 49.5% and Sen. Sullivan received 41.4%.
Sullivan Jr. was initially booted from the ballot in June after election officials found his candidacy was not in “good faith,” citing his choice to run using the name Dan instead of Daniel and being “affiliated with the Republican Party” when he had previously “never — according to the Division’s records — been affiliated with the Republican Party in Alaska.”
The Alaska courts, however, ruled he could stay on the ballot.
The November ballot does differentiate the two Sullivans. “Dan S. Sullivan” is listed with a “registered Republican” and “incumbent” next to his name, while the other is listed as “Daniel J. Sullivan Jr.” with no party affiliation next to his name.
Sen. Lisa Murkowski, R-Alaska, called the Justice Department lawsuit wholly unnecessary.
“Alaskans don’t need any help voting for their preferred candidates, and the State of Alaska has already handled this by clearly distinguishing the candidates on this year’s ballot,” Murkowski said in a post on X. “The Department of Justice should never have filed this lawsuit.”
Sullivan’s campaign and his Republican allies have charged Sullivan Jr. is a Democratic dupe, being used to draw votes away from the incumbent. Trump has repeatedly criticized Sullivan Jr. as a “cheat.”
“It’s cheating. It’s a spoiler candidate to go on the ballot with the exact same name as your great Senator Dan Sullivan. This guy’s name is Dan Sullivan. He knew nothing about politics. He was just put there by the Democrats to confuse the voter, and it’s very unfair. But that’s what they do. They cheat. They lie. They steal,” Trump said in a video post on social media earlier this month.
NBC News reported back in July that federal and state investigators were looking at whether Sullivan Jr. could be part of a conspiracy to confuse voters, citing two people with knowledge of the matter. The status of that investigation is unclear.
A spokesperson for Peltola said earlier this year that her “campaign has no involvement with either Sullivan campaign.”
Sullivan Jr., a former teacher, told The Associated Press back in June that his candidacy is no sham and that he’s not in cahoots with anybody.
“I have every right to run for whatever office I’m qualified for, and I’m qualified for this office,” he said then. “I think I’m doing what most Americans would think would be a patriotic thing to do when you’re unsatisfied with the status quo. You stand up and say, ‘I’m going to fight for things I believe that are going to make my community better.’”
