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DOJ renews bid to block Alaska Senate election certification

The revised complaint claims Democratic operatives recruited a candidate with the same name as Republican incumbent Dan S Sullivan to confuse voters.

DOJ renews bid to block Alaska Senate election certification
Image: Al Jazeera

At a glance

  • The US Department of Justice filed a revised lawsuit to decertify Alaska's Senate result if Republican Dan S Sullivan loses narrowly.
  • A New York Times report alleged Peltola campaign members helped recruit a retired teacher, Dan J Sullivan Jr, as a spoiler candidate.
  • Peltola's campaign denies involvement, Alaska's governor ordered a criminal investigation and the DOJ issued 40 subpoenas.

The US Department of Justice has filed a revised lawsuit seeking to decertify the result of Alaska's Senate race if Republican incumbent Dan S Sullivan loses narrowly, days before the November 3 midterm elections that will decide control of Congress.

The updated complaint, filed on Thursday, accuses Democrats of trying to confuse voters by placing a candidate with the same name as Sullivan on the ballot. Alaska's Senate race is one of seven key toss-ups likely to decide whether Republicans keep their majority in the Senate.

What the lawsuit alleges

Democratic challenger Mary Peltola is seeking to unseat Sullivan, a Republican ally of President Donald Trump. A New York Times report on Wednesday alleged that members of Peltola's campaign helped recruit a retired teacher, Dan J Sullivan Jr, to run for the seat as a spoiler candidate designed to draw votes away from the incumbent.

The Times report prompted the renewed legal push. Reuters reported that the Justice Department issued 40 subpoenas and document preservation requests as part of the revised complaint. Alaska Governor Mike Dunleavy also ordered a criminal investigation into the allegations. Peltola's campaign has denied involvement in Dan J Sullivan Jr's bid for the Senate.

"They orchestrated his sham campaign for the purpose of misleading Alaskan voters and getting Peltola elected," Justice Department lawyers wrote in their amended complaint.

Legal questions

The lawsuit has raised concerns about election integrity and federal meddling. Under the US Constitution, election administration falls to the states, not the presidency.

In June, Alaska's Supreme Court ruled that Dan J Sullivan Jr could compete in the midterms, and the state's election office has already taken steps to reduce confusion between the two Sullivans. Recruiting candidates to split an opponent's vote — a practice known as ballot stacking — is generally considered legal and has been used by both parties in Alaska.

Critics are sceptical of the bid to pause certification of Alaska's Senate results if Sullivan does not win re-election, noting it would be impossible to divine voter intent from the final tally alone. Justin Levitt, a former Justice Department official under President Joe Biden, questioned what legal authority the federal government had to intervene.

"I don't know what they're putting out subpoenas to investigate because I don't know what federal violations are implicated that DOJ would have jurisdiction over," Levitt told the Associated Press news agency. "Sure makes it seem like the point of the investigation is to become the story."

Wider stakes

Democrats and Republicans are locked in tight races nationwide that will determine which party holds a majority in the Senate for the remainder of Trump's second term. Republicans currently hold 53 of 100 seats. Democratic candidates hope to win seats by capitalising on Trump's deep unpopularity and frustration over the cost-of-living crisis.

Trump has suggested he may not accept the midterm results if his party loses its majorities in Congress, and he has pushed false claims of widespread voter fraud. The Justice Department has also attempted to challenge the voting process in several states, including California.

Source: Al Jazeera.

Questions and answers

Why is the Justice Department suing over Alaska's Senate race?
The revised complaint alleges Democrats recruited a same-named candidate, Dan J Sullivan Jr, to confuse voters and unseat Republican incumbent Dan S Sullivan if he loses narrowly, citing a New York Times report.
Who is running in Alaska's Senate race?
Republican incumbent Dan S Sullivan, an ally of President Donald Trump, faces Democratic challenger Mary Peltola. Retired teacher Dan J Sullivan Jr is also on the ballot after Alaska's Supreme Court ruled in June that he could compete.
Is ballot stacking legal in the US?
Recruiting candidates to split an opponent's vote, known as ballot stacking, is generally considered legal and has been used by both parties in Alaska, according to Al Jazeera.
Original reporting: Al Jazeera (aljazeera.com)
alaskaus-midtermsdan-sullivanmary-peltolaus-justice-department

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