Democratic groups and advocates for voting rights are seeking to join a federal lawsuit in order to prevent the U.S. Department of Justice from trying to stop Alaska from certifying the results of its U.S. Senate election if Republican Senator Dan Sullivan (Dan Sullivan) loses.
Those who filed the applications included "Alaska Supports Mary" (Alaskans for Mary), the campaign team of Democratic Senate candidate Mary Peltoora (Mary Peltola), the Democratic National Senate Campaign Committee, as well as another group composed of the Alaska Women's Voters Alliance (League of Women Voters of Alaska), Common Cause, and two individual voters.
These groups jointly argue that the executive branch does not have legal authority to interfere in state-level elections, and that they are attempting to overturn state election management in an unprecedented manner at a time when early voting has already begun.
In court documents submitted on Friday, they stated that this lawsuit – which President Trump has confirmed he personally ordered to be filed – seeks an unusual remedy: to investigate whether voters who cast their ballots for another candidate named Daniel J. Sullivan ( Daniel J . Sullivan ) actually intended to vote for the current senator.
Trump told reporters on Friday that it was he who instructed the Department of Justice to file this lawsuit: "It was me who said 'go ahead and do it'."
This move quickly sparked criticism from both parties, with Alaska Republican Senator Lisa Murkowski ( Lisa Murkowski ) stating on social media: "The Department of Justice should never have filed this lawsuit."
Two Sullivan
At the heart of this legal dispute is Daniel J. Sullivan, a non-incumbent challenger whose name is almost identical to that of the current Republican Senator Daniel S. Sullivan ( Daniel S . Sullivan ). After complaints were raised by the state Republican Party, Alaska election officials initially removed this challenger from the ballot, but a state court later ordered that he be included on the ballot again.
In June of this year, the Supreme Court of Alaska upheld this decision and instructed election officials to clearly distinguish between these two individuals.
Currently, the ballots label Senator Sullivan as "incumbent" and a Republican, while the other Sullivan has no party registration.
On October 22, the Department of Justice filed a lawsuit seeking an order to prevent the certification of this Senate election in Alaska in case the incumbent senator is defeated.
Groups planning to intervene in the lawsuit stated that the Department of Justice's actions will force Alaska voters to make a choice between "electing the candidate they prefer as president" and "risking the state being unable to certify the election results."
Pertola's campaign team and the Democratic Senate Campaign Committee believe that this lawsuit directly threatens their interests, as even if Pertola wins under Alaska's ranked choice voting system, they may still not be able to take office as a result.
They also questioned whether Alaska officials would provide a strong enough defense, as the state's election department had previously attempted to exclude Daniel J. Sullivan from the ballot, a decision that was later overturned by a state court.
The Democratic National Senate Campaign Committee and “Alaska Supports Mary” are requesting the court to grant them standing as defendants, in order to formally submit a motion to dismiss this lawsuit.
Serious constitutional risks
The Democratic Party believes that although the Department of Justice has cited the National Voter Registration Act ( National Voter Registration Act ) as the legal basis for the lawsuit, this act does not grant the federal government the authority to determine candidate qualifications or the layout of ballots; according to the constitution, these matters fall under state jurisdiction.
Legal experts have also expressed similar concerns, pointing out that relying on the general preamble provisions of the bill to prevent state election certification lacks precedent support.
The Alaska Women's Voters Alliance and Common Cause separately submitted documents, warning that the Department of Justice's request to investigate voters' intentions would pose serious constitutional risks.
These documents indicate that the Department of Justice has not provided any mechanism to determine whether voters who cast their ballots for Daniel J. Sullivan intended to vote for the current senator.
These groups believe that preventing certification will deprive Alaskans of their right to representation and inject chaos into the election results.
Both organizations are requesting the court to allow them to join as defendants in this case. The Democratic group stated that if the court approves their motion, they will seek to dismiss the lawsuit.
