DOJ Intervenes in Alaska Senate Race: Accusations of Voter Deception Emerge Ahead of Midterms

The U.S. Department of Justice has filed a revised lawsuit aiming to decertify the results of Alaska's Senate race should the Republican incumbent, Dan S. Sullivan, lose narrowly. This updated legal action, submitted on Thursday, comes just days before the November 3 midterm elections, which are critical for determining control of Congress.

The complaint alleges that Democratic political operatives intentionally sought to 'mislead Alaskan voters' by placing a candidate with the same name as Senator Sullivan on the ballot. Alaska's Senate race is identified as one of seven key toss-up contests that could decide whether Republicans maintain their majority in the Senate.

Democratic challenger Mary Peltola is running against Sullivan, an ally of President Donald Trump. A report from The New York Times on Wednesday suggested that members of Peltola's campaign may have assisted in recruiting a retired teacher, Dan J. Sullivan Jr., to run as a spoiler candidate, potentially diverting votes from the incumbent.

Following the Times report, the Trump administration has intensified its legal efforts to prevent Alaska from certifying its election results if Senator Sullivan is defeated. The Department of Justice has reportedly issued 40 subpoenas and document preservation requests as part of its revised complaint, according to Reuters. Alaska Governor Mike Dunleavy has also initiated a criminal investigation into the allegations.

Peltola's campaign has denied any involvement in Dan J. Sullivan Jr.'s Senate bid. However, prosecutors contend that the Democrat and her associates engaged in partisan tactics that ultimately undermined voters.

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

The Justice Department's lawsuit has sparked concerns regarding election integrity and potential federal interference. Election administration is constitutionally a state responsibility, not a presidential one. In June, the Alaska Supreme Court ruled that Dan J. Sullivan Jr. was eligible to compete in the midterms, and the state's election office had already implemented measures to mitigate confusion between the two candidates named Sullivan. The practice of recruiting candidates to split an opponent's vote, known as ballot stacking, is generally legal and has been employed by both major parties in Alaska.

Critics have expressed skepticism about the Justice Department's attempt to halt the certification of Alaska's Senate results if Senator Sullivan loses. They argue it would be impossible to ascertain voter intent solely from the final vote count. Justin Levitt, a former Department of Justice official under President Joe Biden, questioned the federal government's legal authority in this matter, stating, "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 suggested the investigation's purpose appeared to be making headlines.

Nationwide, Democrats and Republicans are engaged in close races that will determine Senate control for the remainder of Trump's second term. Republicans currently hold a narrow majority with 53 seats. Democratic candidates aim to gain seats by leveraging Trump's unpopularity and public frustration over the cost-of-living crisis. Trump has previously indicated he might not accept midterm results if his party loses its congressional majorities, promoting unsubstantiated claims of widespread voter fraud. The Justice Department has also faced scrutiny for challenging voting processes in other states, including California.