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Politics · Charlotte

DOJ sues to block Alaska Senate certification

The Justice Department filed a suit to freeze the state's election results if the Democrat wins, citing a dispute over two candidates named Dan Sullivan.

By Maya Morris ·

Illustration for: DOJ sues to block Alaska Senate certification
Illustration generated for this article, not a news photograph.

Attorney General Todd Blanche told Fox News on Wednesday that the alleged ballot irregularities in Alaska "certainly should be" illegal, a stance that contrasts with the lack of clear statutory violations identified by legal experts. The Justice Department has filed a lawsuit to block the certification of the Senate election results in the state if incumbent Republican Dan Sullivan loses to Democrat Mary Peltola.

The legal action follows a report from The New York Times alleging that Peltola's campaign recruited a second candidate, retired teacher Daniel J. Sullivan, to run on the same ballot as the senator. This move created a confusing ballot for voters in the state's ranked-choice voting system. The president, Donald Trump, seized on the story to shift the midterm election narrative away from his low approval ratings, high gasoline prices, and the ongoing Iran war.

Alaska election officials stated that placing candidates on the ballot is a matter of state law, not federal law. Spokesperson Sam Curtis said the federal administration has no role in deciding who runs in the state's election. However, the Trump administration is arguing that the federal government has a stake in ensuring the integrity of the result if the seat determines which party controls the Senate.

Blanche claimed on Wednesday that an investigation and law enforcement were involved in the matter. He stated, "It certainly should be. That's why there's an investigation, and that's why we have law enforcement." However, election lawyer Ben Ginsberg noted that while the situation is politically clumsy, it is not necessarily illegal. Ginsberg told CNN that ghost candidates have been used by both parties in the past.

The Alaska Supreme Court ruled in June to keep Daniel J. Sullivan on the ballot. The court declined to remove him despite the presence of the incumbent senator. The ballot clearly identifies the senator as the Republican incumbent. Experts suggest that the ranked-choice voting system may funnel votes meant for the senator to him anyway, reducing the potential for voter confusion.

Senator Sullivan appeared on Fox News to claim Peltola was working with "DC insiders to trick Alaskans." He said the campaign would ensure every Alaskan knew about the situation. Peltola's campaign denied any wrongdoing in the recruiting process. A New York Times and Siena poll released on Saturday showed Peltola leading Sullivan 51 percent to 45 percent.

The Justice Department suit represents a federal intervention in a state election process. The Constitution gives the federal government no role in administering state elections. The suit seeks to prevent the counting of votes if Sullivan loses. This legal challenge adds a layer of complexity to a race that many analysts view as pivotal for the Senate.

Former Trump adviser Bryan Lanza said on "The Lead with Jake Tapper" that Democrats were trying to confuse voters because their policy agenda did not work for Alaskans. The administration's legal team is preparing to argue that the presence of two candidates with the same name invalidated the election. The outcome of this suit could delay the seating of the new senator.

The case hinges on whether the alleged actions constitute fraud or merely a strategic error. The Department of Justice is treating the matter as a legal issue rather than just a political one. The suit was filed before the election, setting the stage for a potential post-election battle in the courts.

Voters in Alaska will cast their ballots on Tuesday. The state uses a system where voters rank their choices. The presence of two Dan Sullivans on the ballot has drawn national attention. The Justice Department's move signals that the administration is prepared to use the courts to challenge the outcome if it does not align with the party's goals.

The lawsuit was filed in federal court. It asks the judge to stay the certification of the election results. The administration argues that the state's process was flawed. The state has not yet responded to the federal filing. The legal battle will continue regardless of who wins the popular vote.

Source: CNN

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