Alaska Senate election: DOJ wants to 'segregate' all ballots for 2nd Sullivan candidate
The winner of the Alaska election could determine whether Republicans retain their majority in the U.S. Senate or if Democrats take control of the chamber.
Key points
- The DOJ wants all ballots ranking Dan Sullivan segregated for a possible investigation into voter confusion.
- A federal judge is weighing dismissal motions ahead of Election Day on Tuesday.
- Peltola's campaign and the DSCC deny helping recruit the second Sullivan to run.
The Department of Justice has asked a federal judge to order that all ballots ranking a candidate named Dan Sullivan be preserved and segregated, as part of a possible investigation into whether voters mistakenly ranked him thinking he was incumbent Republican Sen. Dan Sullivan. The request came in a late Friday court filing by a federal prosecutor in the DOJ's lawsuit over Alaska's U.S. Senate election.
The DOJ's suit asks District Court Judge Sharon Gleason to block state election officials from immediately certifying the Senate election if Sen. Sullivan loses by a margin that might be due to confusion caused by the other Sullivan on the ballot. The non-incumbent is listed as Daniel J. Sullivan. Election Day is Tuesday, November 3, 2026.
Criminal investigation under way
U.S. Attorney for Alaska Michael Heyman told reporters in Anchorage that a criminal investigation is ongoing into how and why retired school teacher Dan Sullivan decided to run for the Senate for the first time this year. He said the probe has been under way for months and has been accelerated, citing a New York Times report that aides to Democratic nominee Mary Peltola's campaign and the Democratic Senatorial Campaign Committee helped recruit the teacher.
Heyman said he would not say what criminal statute might have been violated. Peltola's campaign and the DSCC deny being involved in the retiree's Senate campaign. The DOJ suit, which President Donald Trump said he requested, claims the non-incumbent's "sole purpose" in running was to benefit Peltola by reducing votes for Sen. Sullivan.
Every Alaskan deserves a fair election, and they're going to get one
— Michael Heyman
Judge sets tight schedule
Gleason ordered the DOJ to respond by 1 p.m. Alaska Time to new dismissal motions filed hours after the department amended its suit on Thursday to add a claim under the Supremacy Clause. State election officials and Peltola's campaign have until noon Saturday to reply, leaving open the possibility of a ruling before Tuesday.
The state, the campaign and other intervenors argue the DOJ has no legal authority to block certification because two candidates on a four-candidate ballot share a name. The winner could determine which party holds a Senate majority starting in January; Republicans currently hold 53 seats.