Alaska Senate candidates: Sen. Dan Sullivan (R-Alaska) (left) and Rep. Mary Peltola (D-Alaska).
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Democratic groups and voting rights advocates are seeking to join a federal lawsuit to block the Justice Department’s efforts to block Alaska’s certification of the U.S. Senate election results if Republican Sen. Dan Sullivan loses.
The request comes from Alaskans for Mary, Democratic Senate candidate Mary Peltola’s campaign, the Democratic Senate Campaign Committee, and other groups including the Alaska League of Women Voters, Common Cause and two individual voters.
Both groups argue that the executive branch has no legal authority to interfere in national elections and are attempting to override state election administration in an unprecedented manner with early voting already underway.
In court filings filed Friday, the groups argue that the lawsuit, which President Donald Trump acknowledged was personally directed, seeks the unusual remedy of investigating whether voters who chose a different candidate, Daniel J. Sullivan, actually intended to vote for the sitting senator.
President Trump told reporters on Friday that he had directed the Justice Department to file the lawsuit, saying, “I said, ‘Do it.'”
The move quickly drew bipartisan backlash, with Republican Sen. Lisa Murkowski of Alaska saying on social media that “the Department of Justice should never have filed this lawsuit.”
two sullivans
The legal battle centers on non-incumbent challenger Daniel J. Sullivan, who shares nearly the same name as incumbent Republican Sen. Daniel S. Sullivan. Alaska state election officials initially removed the challenger from the ballot following complaints from the state Republican Party, but a state court ordered his inclusion on the ballot.
In June, the Alaska Supreme Court upheld that decision and directed election officials to clearly distinguish between the two.
Ballots currently list Sen. Sullivan as the “incumbent” Republican, but the other senator, Sullivan, is not registered as a party.
The Justice Department filed a lawsuit on October 22, seeking an injunction to prevent Alaska from certifying its Senate election if the incumbent loses.
U.S. Attorney General Todd Blanche speaks during a press conference at the Department of Justice in Washington, DC, on August 12, 2026.
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Proposed interveners argue that the department’s approach would force Alaska voters to choose between electing the president’s preferred candidate or risking the state being prevented from certifying the election results.
Mr. Peltola’s campaign and the Democratic Senatorial Campaign Committee argue that the lawsuit directly threatens their interests because it could prevent him from becoming president even if he were to win the election under Alaska’s ranked-choice system.
They also question whether Alaska officials will mount a vigorous enough defense, given that the Alaska Department of Elections had previously sought to remove Daniel J. Sullivan from the ballot before a state court reversed the action.
DSCC and Alaskans for Mary are asking the court to grant defendant/participant status so they can formally move to dismiss the lawsuit.
serious danger
Democrats argue that the Justice Department cites the National Voter Registration Act as the legal basis for its lawsuit, but that the law does not contain provisions giving the federal government the power to dictate candidate qualifications and ballot placement, which are constitutionally state matters.
Legal experts echoed these concerns, pointing out that relying on the NVRA’s general preamble language to suspend the certification of state elections is unprecedented.
The Alaska League of Women Voters and Common Cause filed separately, warning that the Justice Department’s request to investigate voter intent poses grave constitutional risks.
The filing notes that the Justice Department does not provide a mechanism for voters who chose Daniel J. Sullivan to determine whether they intend to vote for the incumbent.
The groups argue that blocking the certification would deprive Alaskans of their right to represent them and disrupt the election results.
Both groups are asking the court for permission to join the lawsuit as defendants. Democratic groups say they will seek his removal if the court approves the motion.
