Can the Justice Department Block Alaska's Senate Results? What to Know

Alaska Democrats and national Senate Democrats on Friday asked a federal judge to throw out a Trump administration lawsuit that seeks to keep the state's Senate results from being certified if Republican Sen. Dan S. Sullivan loses, NBC News reported. The case could affect how, and whether, voters' choices in a closely watched race are made official.

The motion was filed for Mary Peltola's campaign and the Democratic Senatorial Campaign Committee. It describes the Justice Department's suit as “an unprecedented pre-emptive strike on democratic elections.”

What is the Justice Department asking for?

The department sued Alaska election officials on Thursday. It argues that the appearance of a candidate named Dan J. Sullivan Jr. on the ballot could mislead people who want to vote for Sen. Sullivan, who is seeking re-election.

According to NBC News, the suit asks the court to block certification of the results if Sen. Sullivan does not win. It adds a condition: that Sen. Sullivan would have won if every vote for Dan J. Sullivan Jr. had instead gone to him and Alaska's ranked-choice counting had played out accordingly.

How did the dispute start?

President Donald Trump has repeatedly complained about the incumbent facing a candidate with a nearly identical name, as well as about Alaska's use of ranked-choice voting. In a Truth Social post on Wednesday, he called the situation totally confusing.

Election officials removed Dan J. Sullivan Jr. from the ballot in June, deciding his candidacy was not in good faith. A judge in Alaska overturned that decision later the same month, which allowed his campaign to continue. Trump has said Democrats put him up to cause confusion and has called the candidacy corrupt. Dan J. Sullivan Jr. has denied the allegations.

NBC News reported in July, citing two people with knowledge of the matter, that federal and state investigators were examining whether Dan J. Sullivan Jr. could be part of a conspiracy to confuse voters.

What do Peltola and the Democrats argue?

Their filing says the Justice Department's approach would require election officials to refuse certification only if Peltola wins. It calls the case part of a nationwide federal attack on free elections that the DSCC has fought at every turn.

The Democrats also challenge the idea behind the lawsuit. According to the filing, assuming that everyone who votes for Dan J. Sullivan Jr. really meant to vote for Sen. Sullivan is insulting to voters and cannot be squared with Alaska's ranked-choice procedures or with a ballot that clearly separates the two candidates.

The motion asks to intervene as of right. The Democrats say there is reason to doubt that the existing defendants will defend the case vigorously, pointing to the officials' earlier effort to keep Dan J. Sullivan Jr. off the ballot.

Why does it matter for voters?

The suit arrives less than two weeks before Election Day, after Alaska has already begun early voting. Votes are being cast while the question of how they will be counted and certified is under legal challenge.

The nonpartisan Cook Political Report rates the Alaska Senate contest a toss-up. The race is a critical opportunity for Democrats to take a seat from Republicans as the two parties compete for control of the Senate.

Legal and election experts told NBC News the Justice Department's case is on shaky ground. U.S. elections are run and certified by state and local officials rather than the federal government, and the law limits the department's role in them.

What happens next?

The court has not yet set a hearing date for the suit. The judge will first have to decide whether to allow Peltola's campaign and the DSCC to take part in the case, and whether the Justice Department's request can go forward at all.

Around Prague, based on reporting by NBC News