Lawyers for Alaska Democratic Senate candidate Mary Peltola and Senate Democrats filed a motion Friday urging a federal judge to drop the Trump administration’s lawsuit that seeks to block the results of the upcoming election if Republican incumbent Dan S. Sullivan loses.
The motion, filed on behalf of Peltola’s campaign and the Democratic Senatorial Campaign Committee, calls the Justice Department’s lawsuit an “unprecedented preemptive strike against democratic elections.”
“This case directly threatens the interests of both proposed intervenors by requiring Defendants to refuse to certify the election if, and only if, Peltola wins,” the filing states. “This is part of a nationwide attack on free elections by the federal government, which the DSCC has fought against at every turn. »
The Trump administration filed suit against Alaska election officials Thursday, arguing that candidate Dan J. Sullivan Jr.’s appearance on the ballot could mislead those who want to vote for Sen. Dan S. Sullivan’s re-election.
The lawsuit came after President Donald Trump repeatedly complained about the outgoing president being threatened by a man of the same name and the state’s use of ranked-choice voting.
“I am very concerned about Dan S. Sullivan’s race for U.S. Senate in Alaska to the extent that it is confusing,” Trump wrote in a Truth Social article on Wednesday. “It’s ridiculous that the Court hasn’t stopped this scam.”
The DOJ lawsuit asks the court to prevent certification of the Alaska Senate results if Dan S. Sullivan does not win the election, and if “all votes cast for Dan J. Sullivan had instead been cast for Senator Sullivan and Alaska’s rank-choice process had proceeded accordingly, Senator Sullivan would have won the election.”
The filing from Peltola and Senate Democrats opposes this request, stating that “the Department of Justice’s assumption that every voter who votes for Dan J. Sullivan actually intended to vote for Senator Sullivan is insulting to the voters and irreconcilable with Alaska’s ranked-choice voting procedures and the clear voting differentiation between the two candidates.” »
“Mary Alaskans and the DSCC have the right to intervene as of right to defend against the Department of Justice’s extraordinary assault,” the motion states. “And there is reason to doubt that existing defendants will vigorously defend against the DOJ’s requests, given their efforts to keep Daniel J. Sullivan off the ballot earlier this year.”
After Dan J. Sullivan Jr. was kicked off the ballot in June after election officials ruled his candidacy was “not in good faith,” an Alaska judge overturned the decision later that month, validating his campaign.
Trump claimed that Dan J. Sullivan Jr. is running only because “Democrats portrayed him as confusing,” calling his candidacy “corrupt.” Dan J. Sullivan Jr. has denied the allegations.
NBC News reported in July that federal and state investigators were looking into whether Dan J. Sullivan Jr. may have been part of a plot to confuse voters, according to two people with knowledge of the situation.
The DOJ lawsuit comes less than two weeks before Election Day and after the state began early voting. The court has not yet set a hearing date for the trial.
Legal and election experts told NBC News the DOJ’s case is weak.
Because U.S. elections are conducted and certified by state and local officials rather than the federal government, the law limits the Justice Department’s role in elections.
The nonpartisan Cook Political Report called the Alaska Senate runoff a “coin toss.” This race represents a crucial opportunity for Democrats to take a seat from Republicans as they vie for control of the Senate.
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