Alaska asks judge to throw out Trump administration's Senate lawsuit, calls ballot demand "impossible"
Alaska's Republican-led state government asked a federal judge Saturday to dismiss a Justice Department lawsuit that seeks to stop certification of the U.S. Senate race if Democrat Mary Peltola beats Republican Sen. Dan Sullivan. The suit was filed at President Trump's direction, and control of the Senate could turn on the race. The state's lawyers called the case "meritless" and said a DOJ request to separate every ballot that ranks a second candidate — retired Petersburg teacher Daniel J. Sullivan Jr. — was "both disturbing and impossible," because ballots are mixed together in the box and pulling them out would break ballot secrecy. The state noted it already keeps ballots for 22 months.
DOJ says voters may be confused by two Dan Sullivans on the ballot, citing the National Voter Registration Act and a duty to protect election "integrity." On Friday it asked for an injunction to preserve and separate the ballots, plus fast-tracked evidence from the Peltola campaign and the Democratic Senatorial Campaign Committee, and wanted a ruling by Monday. Alaska answers that the ballot lists the senator as the Republican incumbent and the other man as "Daniel J. Sullivan Jr.," and that state courts ruled he met every requirement to run. AP and CBS report a published account that people tied to Peltola's campaign helped recruit the second Sullivan; Peltola denies involvement. Gov. Mike Dunleavy has ordered a state investigation, and DOJ has subpoenaed Democratic officials. U.S. Attorney Michael Heyman said Saturday that federal agents had surged into the state but did not say what crimes are under investigation. Peltola's campaign, voting-rights groups and the ACLU also asked the court to dismiss the case.
Where it stands: U.S. District Judge Sharon Gleason set a Saturday deadline for dismissal arguments without a hearing. She has not ruled.
Also on Alaska's ballot Tuesday is Ballot Measure 2. A "yes" vote repeals the open top-four primary and ranked-choice general election voters approved in 2020; a "no" vote keeps it. A similar repeal failed in 2024 by 737 votes out of about 321,000. Trump and Dunleavy back repeal and blame the current system for letting the second Sullivan run. The repeal side had raised about $2.6 million, mostly from Elon Musk; the "no" side more than $10 million as of early October, mostly from outside Alaska.
Sources checked: PBS NewsHour/AP (Oct 31, 6:22 p.m. ET, link), WRAL/AP (Oct 31, 4:33 p.m. ET, link), CBS News (Oct 31, 5:56 p.m. ET, link), Alaska Public Media (Oct 29, 9:02 p.m. ET, link), Alaska Beacon (Jul 29, link)