Why the Justice Department Sued Over Two Dan Sullivans on Alaska’s Senate Ballot

The Justice Department has asked a federal court to stop Alaska from certifying its U.S. Senate election if Republican Sen. Dan Sullivan loses in a way that could be blamed on voter confusion over a second candidate with the same name. The suit targets the Nov. 3 race, which polls show is tight, according to the BBC. President Donald Trump told reporters he was the one who ordered it.

What is the lawsuit asking for?

According to the BBC, the department wants the judge to bar the state from certifying results if Sullivan loses by a margin smaller than the vote total of the other Sullivan. ABC News reported that the filing defines an affected result as one in which the senator does not win, but would have won had every vote for Daniel J. Sullivan gone to him instead under Alaska’s ranked-choice process.

The BBC reported that if Democrat Mary Peltola wins by such a margin, the suit asks that certification be delayed while officials investigate whether voters mixed up the names. CBS News reported that the department would also seek an investigation in that scenario. Reports differ on the filing date: the BBC and ABC News say Thursday, while CBS News described a Friday filing.

Who is the other Sullivan?

Four candidates are on the ballot: Sen. Sullivan, Peltola, Gerald Heikes and Daniel J. Sullivan, CBS News reported. The BBC described Daniel J. Sullivan as a retired teacher and former U.S. Forest Service worker who was reportedly once in the Alaska Independence Party before registering as a Republican this year. CBS News and ABC News reported that he appears with no party affiliation, while the senator is listed as a registered Republican incumbent.

He told The New York Times he has voted for both Democrats and Republicans, ABC News reported. The BBC reported that he has denied working with Peltola’s campaign.

What does the Justice Department argue?

Associate Attorney General Stanley Woodward wrote in the filing that the second Sullivan’s presence is likely to mislead voters and distort their will, according to the BBC. CBS News reported that the department alleges he deliberately sought to confuse voters and says some of the senator’s supporters might not rank the senator at all. The department cites the National Voter Registration Act and calls the candidacy frivolous, a Justice Department spokesperson said in a statement reported by CBS News and ABC News.

Trump called the second candidate a fake and said Democrats put him up, ABC News reported. Trump has also described the candidacy as a scam, according to the BBC.

What do the other sides say?

Peltola’s campaign called the suit a despicable political threat to overturn an election, according to CBS News and ABC News. Spokesperson Harry Child told CBS News the campaign will fight to make sure every eligible voter can be heard. A spokesperson for Sullivan said the senator would let the complaint run its course and called the other candidacy a Democratic sideshow, ABC News reported.

Daniel J. Sullivan has said it is his hope that people know whom they are voting for, and that choice is good, the BBC reported. His lawyers argued earlier that Alaska law gave the state no basis to exclude him, CBS News reported.

How did he end up on the ballot?

ABC News reported that Alaska’s elections office said over the summer that it would remove him, finding the candidacy was not in good faith. He sued, a state judge ruled he was eligible, and the Alaska Supreme Court upheld that ruling, after which the Justice Department began investigating. Attorney General Todd Blanche said hours before the suit that only a “doomsday scenario” would justify federal involvement in a state’s election process, according to ABC News.

Why does it matter for voters?

Alaska uses ranked-choice voting, so voters can rank both Sullivans if they are unsure, the BBC reported. The suit raises the possibility that the winner’s certification could be delayed or challenged in a race that is among the most closely watched of the midterms. The BBC noted that Trump won Alaska by 14 percentage points in 2024, but that his approval ratings in the state have suffered over rising prices and the war in Iran, and that Peltola holds a narrow lead in polls.

The Alaska Secretary of State’s office did not respond to ABC News’ request for comment, so it is not yet clear how the state will answer the suit.

Around Prague, based on reporting by CBS News, BBC News, ABC News