DOJ Calls Alaska Senate Rival a 'Sham Candidate' as State Asks Judge to Toss Suit That Could Delay Certification

The Justice Department told a federal judge Tuesday that a second Daniel Sullivan on Alaska's U.S. Senate ballot is "a sham candidate," as Alaska's own election officials asked the court to dismiss the department's lawsuit "immediately, with prejudice."

The case, United States v. State of Alaska, No. 3:26-cv-00376, was filed Oct. 22 in Anchorage. The complaint asks the court to bar the state from certifying the Senate result if "(1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska's rank-choice process played out accordingly, Senator Sullivan would have won." In that case, it asks that certification wait for "an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan."

Republican Sen. Dan S. Sullivan faces Democrat Mary Peltola in the Nov. 3 election. According to the complaint, Peltola received 49.5% of the primary vote, Sen. Sullivan 41.4%, Daniel J. Sullivan 2.5% and Republican Gerald Heikes 1.1%. The complaint says "many polls" show the race within one or two percentage points.

Alaska's Own Finding at the Center of the Case

The federal case rests largely on a finding by the official it is suing. On June 15, Alaska Division of Elections Director Carol Beecher wrote to Daniel J. Sullivan, a Petersburg resident, that his declaration of candidacy was filed "with a purpose to confuse or mislead and to thereby compromise the ballot's fairness or neutrality," and decertified his candidacy. The department attached that letter to its complaint.

According to the department's Tuesday filing, Beecher's letter cited his request to appear as "Dan Sullivan," a switch to the Republican Party just before filing, a campaign consultant who backs Democrats and a website resembling the senator's. The filing also says Daniel J. Sullivan told The New York Times he had voted for Democrats in the last three presidential elections.

State courts overturned Beecher's decision. A judge's order in the federal case says the Alaska Superior Court found on June 26 that the decertification was not based on applicable law and that the finding of voter confusion was not supported by a preponderance of the evidence. The Alaska Supreme Court summarily affirmed on June 29. The ballot now lists "Sullivan, Dan S. (Registered Republican) Incumbent" and "Sullivan, Daniel J. Jr." with no party.

What Alaska Argues in Its Motion to Dismiss

In its Oct. 26 motion, the Division, represented by the Alaska Department of Law, argues that "the United States lacks authority to intervene in state elections at all, much less in support of a favored candidate." It says the only federal law the complaint cites, the National Voter Registration Act, "imposes no requirements related to ballot access, ballot counting, or state certification procedures."

The state also says any confused voter can get help or "rank both Sullivans as his first and second choices under Alaska's ranked-choice voting system so that his vote will count for either Sullivan over any other candidate."

The Justice Department's Tuesday filing opposed requests by Peltola's campaign, the Democratic Senatorial Campaign Committee and a group including the League of Women Voters to join the case. It argued the state already shares their goal of "expeditious dismissal." It added, "The United States is not seeking to prevent the certification of a candidate's victory. Rather, the Complaint seeks tailored relief to prevent Mr. Sullivan from compromising the integrity of Alaska's election." The state said it does not oppose the Peltola campaign joining.

What Happens Next

U.S. District Judge Sharon Gleason wrote that the department filed suit "after Alaskans had already begun casting their ballots" and "nearly four months after" the Alaska Supreme Court's order. She said she intends to rule on the intervention requests by 5 p.m. Wednesday. The department's response to the motion to dismiss is due Thursday at 3 p.m., and the state may reply by noon Friday, Alaska time. The state has asked for a decision by Monday, Nov. 2.

President Trump said he personally ordered the lawsuit, Alaska Public Media reported; that is his claim, and The Digital Free Press has not verified it.

Sources: Complaint, United States v. State of Alaska, No. 3:26-cv-00376 (D. Alaska, filed Oct. 22, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.1.0.pdf ; Order on motion to expedite (Oct. 26, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.15.0.pdf ; Defendants' motion to dismiss (Oct. 26, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.18.0.pdf ; Order on expedited consideration (Oct. 27, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.19.0.pdf ; Defendants' response to motions to intervene (Oct. 27, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.20.0.pdf ; United States' opposition to motions to intervene (Oct. 27, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.26.0.pdf ; Docket: https://www.courtlistener.com/docket/75009254/united-states-v-state-of-alaska/ ; Alaska Public Media: https://alaskapublic.org/news/politics/elections/2026-10-27/state-of-alaska-says-doj-lawsuit-over-senate-race-has-no-legal-basis