Federal Lawsuit and Criminal Probe Launched Over Alaska Senate Ballot Name Conflict

Alaska voters face a U.S. Senate race with two candidates sharing the same first and last name, a situation that has triggered a federal lawsuit and a state criminal investigation just days before the midterm election. The dispute centers on incumbent Republican Dan Sullivan and Democrat Dan J. Sullivan, a retired schoolteacher with no prior elected office. The New York Times reported on Wednesday that a coordinated effort linked to the campaign of Mary Peltola sought to recruit a candidate with the same name as the sitting senator.

The Peltola campaign had previously stated it had no involvement with either Sullivan. Since the newspaper's report, the campaign has not fully addressed the allegations, labeling them a diversion. The namesake, Dan J. Sullivan, registered as a Democrat in the past. In June, the Alaska lieutenant governor disqualified the candidate under a state rule prohibiting confusing ballot names. A state judge reversed that decision, and the Alaska Supreme Court upheld the reversal. The high court found no legal basis to remove a candidate once qualified, regardless of the candidacy's origin.

The stakes in the race are high for both parties. Republicans currently hold a 53 to 47 majority in the Senate, and Democrats need four seats to take control. Alaska has one of the smallest electorates in the country. Incumbent Sullivan won his previous election by roughly two percentage points, a margin of just over 6,000 votes. In the August all-party primary, the namesake received 4,107 votes, or about 2 percent of the total. He reportedly spent nothing on staff or media during that phase of the race.

State and federal officials have responded with sharp actions. Attorney General Todd Blanche said on Wednesday that such a scheme should be illegal. President Donald Trump suggested prosecutions should follow, though he did not name specific grounds or individuals. Republican Governor Mike Dunleavy directed the Department of Public Safety to investigate whether criminal or civil offenses occurred. He stated that deliberately tricking voters into casting ballots for someone else strikes at the integrity of elections. Republican Senator Lisa Murkowski has asked Peltola to explain what she knew about the process.

The Justice Department filed a lawsuit days before the newspaper report to stop Alaska from certifying a Peltola win if Dan J. Sullivan remains on the ballot. Trump said he ordered the suit. Legal experts expressed doubt about its prospects. Derek Muller, a law professor at the University of Notre Dame, told the Associated Press that the statute does not allow the Department of Justice to enjoin certification. The Wall Street Journal editorial page called the legal move a Hail Mary.

UCLA law professor Rick Hasen described the newspaper report as a bombshell. He said perjury prosecutions were possible if someone lied about their involvement. However, he did not think the report changed the outlook for the lawsuit. He argued there was no way for the government to criminalize the namesake's campaign. Otherwise, he noted, it could become a crime every time a major party backs a minor party candidate.

Democrats have defended the move as political hardball. They pointed to Republican-led efforts elsewhere to place diversionary candidates on ballots. Democrats also alleged Republicans were behind a 2024 scheme to put an incarcerated candidate on the ballot to draw votes from a preferred U.S. House candidate. That man is running again this year. Democrats added that voters have received extensive coverage distinguishing the two men. They noted that a voter could simply leave Peltola unranked to avoid confusion.

Alaska has used ranked-choice voting since 2022. Some local editorials and the Wall Street Journal argue the system invites confusion and sham candidates. Ballots can no longer be changed. The namesake appears on the ballot as Daniel J. Sullivan Jr. with no party label. The incumbent is listed as Dan S. Sullivan (Registered Republican) Incumbent. Murkowski, who criticized the Justice Department suit last week, said Alaskans do not need help voting for their preferred candidates.