DOJ Defends Controversial Lawsuit to Block Alaska Senate Race Certification Amidst Bipartisan Criticism

United States Attorney General Todd Blanche has defended the Department of Justice’s decision to sue and prevent the certification of a Republican loss in Alaska’s closely contested Senate race. Appearing on Sunday morning political programs including CNN’s State of the Union and CBS’s Face the Nation, Blanche faced pointed questions regarding the legality of the Justice Department’s actions, at times expressing evident frustration. “Why is this controversial?” Blanche questioned CNN host Dana Bash, later accusing one of the Senate candidates of deliberately attempting to mislead voters. “We’re going to try to create a situation where that can be remedied,” he stated. “That shouldn’t be something that is causing this shock and horror.” Despite these assertions, the Justice Department’s lawsuit, filed on October 22, has drawn criticism from across the political spectrum. Many have alleged that President Donald Trump’s administration is paving the way to obstruct a Democratic victory in the race. President Trump himself confirmed authorizing the lawsuit, telling reporters on Friday, “I’m the one who said do it.”

The Alaska Senate race is a key contest in the upcoming November 3 midterm elections, with its outcome potentially determining the Republican majority in the Senate. Incumbent Republican Senator Dan S Sullivan is seeking re-election against former US Representative Mary Peltola, a Democrat. Also running is Dan J Sullivan, a former Forest Service employee. Concerns have been raised that the second Sullivan’s candidacy might act as a spoiler, drawing votes away from the incumbent. However, the Forest Service worker has denied any such intention, calling such allegations “entirely false.” He stated in a letter to Alaska’s lieutenant governor prior to the state’s primaries, “I am not a registered Democrat, and I have had no conversations whatsoever with the Peltola campaign about my candidacy.” He further added, “I have considered running for political office for over a decade. I made the decision to formally run for the United States Senate in the upcoming primary election because Senator Sullivan has routinely failed the people of Alaska, and they deserve a better representative. It is my right to do so.” Four candidates, including Peltola and both Sullivans, advanced to the final round of voting after Alaska’s August primaries. Both men are running as Republicans.

The Justice Department contends that its lawsuit, filed less than two weeks before the midterm elections, is essential “to protect the integrity” of the election, arguing that any result would be “tainted by the inclusion on the ballot of Daniel J Sullivan.” Consequently, the department has urged the US District Court in Alaska to declare the race’s certification “unlawful” and to prohibit the state from proceeding with such certification. While states possess the constitutional authority to administer elections, Congress can enact regulations for federal votes. It is highly atypical for a presidential administration to intervene in state election certification matters, and legal experts suggest such an action could be deemed illegal. Earlier, in June, Alaska’s Supreme Court permitted both Sullivans to participate in the Senate race. The state’s Division of Elections has also implemented measures to mitigate voter confusion. The November 3 ballot will identify Dan S Sullivan as the incumbent and a “registered Republican.” Dan J Sullivan will have the suffix “Jr” appended to his name, and his party affiliation will be omitted, despite his self-identification as a Republican.

During his Sunday television appearances, Blanche, who heads the Department of Justice and previously served as Trump’s personal lawyer, maintained that the presence of two Sullivans on the ballot inherently creates confusion. “It is wrong,” Blanche told CNN. “Putting aside whether we’re going to win or lose in the courts, putting aside what the Alaskan Supreme Court has done, in our system, we should not have a candidate who has to worry about another candidate being on the ballot for no other reason than to confuse voters.” Blanche also dismissed any impropriety regarding Trump’s claim of ordering the lawsuit, stating, “He’s supposed to make sure that everything in this country is running right, including elections.”

The contest for control of the US Senate is anticipated to be extremely close, with Republicans currently holding a narrow majority of 53 seats in the 100-member chamber. Only 35 Senate seats will be contested in the midterm elections, as Senate terms are staggered over six years. The Republican Party, led by Trump, faces a challenging path to retaining its congressional majorities amidst public dissatisfaction with the rising cost of living and Trump’s declining poll numbers. Approximately seven Senate races are considered toss-ups, including the Alaska race. A poll released in early October by The New York Times and Siena College indicated that Peltola holds a lead of nearly 7 percentage points over incumbent Sullivan, one of the largest margins in any toss-up state.