Justice Department sues Alaska over two Sullivans on Senate ballot
The Justice Department has sued Alaska to block the Senate result if its GOP senator, Dan Sullivan, loses, court papers show. It says a second Sullivan on the ballot could confuse voters, CNN and Courthouse News said. A law expert quoted by CNN called its legal theory "strange and unusual."
The Justice Department sued Alaska and its elections director, Carol Beecher, on Thursday, according to the filed complaint and Courthouse News. The suit seeks to block certification of the Senate race if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola, CNN and CBS News reported.
The case centers on a second candidate, Daniel J. Sullivan. The complaint argues that his name on the ballot could confuse voters. "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 complaint says, as quoted by Courthouse News and Just The News. Allowing him on the ballot "threatens to mislead Alaskan citizens who want to vote for Senator Sullivan," the suit says, according to CBS News.
The suit asks Judge Sharon L. Gleason to stop officials from "certifying any result that may be impacted by voter confusion," pending an investigation, Courthouse News reported. The complaint's requests do not include taking anyone off the ballot. The Alaska Supreme Court kept Daniel J. Sullivan on the ballot in June, Courthouse News said.
In the primary, the senator won 68,726 votes and Daniel J. Sullivan won 4,107, CNN reported. Alaska uses ranked-choice voting, so a voter could rank both Sullivans, CNN said. Officials expect to start that count on November 18, it said.
Election law experts quoted by CNN doubt the suit's legal theory. Derek Muller, a Notre Dame law professor, called it "strange and unusual." "I just don't think a court is going to buy that," he said, according to CNN. Muller said Alaska officials "went out of their way" to reduce confusion, CNN reported.
Ben Ginsberg, once the Republican National Committee's top election counsel, also doubted the case, CNN said. "There is not a rational legal reason to do it," he said, according to CNN.
Beecher and other Alaska election officials did not immediately respond to a request for comment, Courthouse News reported. NewsHabit did not find a response from the Peltola campaign in the cited reports.
What we know: The Justice Department filed suit Thursday asking a federal judge to block certification of a result affected by voter confusion.
What we don't: How the judge will rule, or whether the race will be close enough to matter.
Where outlets agree CNN, CBS News and Courthouse News report that the suit seeks to block certification if the senator loses.
Where they differ The cited reports agree on the key facts so far.