Two Dan Sullivans, one Senate seat? Trump wants to delay Alaska vote if… | Explanation of the unusual executive order | Today’s news
The Trump administration has asked a federal court to block certification of Alaska’s U.S. Senate election if Republican incumbent Dan Sullivan loses, arguing that a second candidate with a nearly identical name could confuse voters in a closely watched contest that could help determine control of the Senate.
The lawsuit, filed Thursday by the US Department of Justice in Alaska, seeks to prevent officials from certifying the result if the incumbent could have won if another candidate, Daniel J Sullivan, did not receive the votes intended for him.
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President Donald Trump confirmed on Friday that he had personally ordered the legal action.
“I’m the one who said ‘do it,'” Trump told reporters in Florida, acknowledging his direct involvement in the Justice Department’s call.
The case raises questions about federal authority over state-run elections, the practical difficulties of proving voter confusion, and whether the court can intervene as the administration wants.
Why is Trump challenging the Alaska Senate election?
The Senate contest has become a closely watched race as Democrats seek to gain control of the chamber. They need to pick up four more seats, and Alaska is among the Republican-held states they hope to flip.
Republican Sen. Dan S. Sullivan faces Democratic candidate Mary Peltola along with Daniel J. Sullivan, a retired elementary school teacher from Petersburg, Alaska.
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The two Sullivans have become a source of controversy, with Republicans arguing that the challenger’s name could shift votes away from the incumbent.
Daniel J. Sullivan is registered as a Republican, but election officials list him without a party affiliation on the ticket. The incumbent is labeled “registered Republican” and “incumbent”.
The challenger denied trying to mislead voters.
“My intention is not to deceive people,” he said in an interview in August. “I hope people are informed enough to know the difference between a sitting senator and a teacher.”
What does the Justice Department want the court to do?
The Justice Department argues that the presence of a second Sullivan could undermine the integrity of the election if voters mistakenly chose the wrong candidate.
He is asking the court to declare the certification of the result affected by such confusion illegal and to stay the certification until officials investigate whether the votes cast for Daniel J. Sullivan were intended for the senator.
The department cited the National Voter Registration Act, arguing that the integrity of the electoral process gives the federal government grounds to intervene.
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A Justice Department spokesman said the legal action was necessary to protect the integrity of the election.
However, electoral law experts questioned the legal basis of the request. Derek Muller, a professor at Notre Dame Law School, described the department’s interpretation of the law as unusual and expressed doubt that a court would accept it.
Vanita Gupta, a former deputy US attorney general, called the lawsuit “meritless” and argued that election administration and certification fell within Alaska’s jurisdiction.
Could ranked-choice voting prevent confusion?
Alaska uses ranked-choice voting, whereby voters rank candidates in order of preference. If no candidate receives a majority of first-preference votes, the candidate with the fewest votes is eliminated and those votes are redistributed according to other voter preferences. The process continues until a winner emerges.
This system could reduce the impact of confusion between two Sullivans. Voters supporting the incumbent could rank both candidates, the senator first and the challenger second, or vice versa.
If the challenger is eliminated, the votes could be converted according to the list of delivered voters.
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But the Justice Department says voters could rank the wrong Sullivan or fail to rate the incumbent, which could benefit Peltol.
Muller said it would be difficult to determine whether voters made such mistakes after ballots were cast because the ballot is secret.
“This is just the thing that cannot be measured,” he said.
What happens next in the Alaska lawsuit?
The Alaska Supreme Court ruled in June that Daniel J Sullivan can remain on the ballot after state election officials removed him.
The federal case was assigned to Judge Sharon L. Gleason, appointed by former President Barack Obama. The administration had not filed an urgent request for immediate action at the time of the report.
Alaska election officials expect tabulation to begin Nov. 18, after the overseas ballots arrive.
