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Senate Democrats and attorneys for Senate candidate Mary Peltola have filed a motion to dismiss a lawsuit by the Trump administration that could impact the outcome of the U.S. Senate race in Alaska. The lawsuit, filed Thursday, requests an investigation into votes cast in the race, which features two Republican candidates named Dan Sullivan. On Friday, Senate Democrats filed a motion urging a federal judge to dismiss the lawsuit, describing it as "an unprecedented pre-emptive strike on democratic elections" and "part of a nationwide attack on free elections by the federal government," according to NBC News.
The lawsuit, filed by the Department of Justice (DOJ), seeks to block the certification of the election results if incumbent Sen. Dan S. Sullivan loses. The DOJ argues that the presence of Dan J. Sullivan Jr. on the ballot could mislead voters who intend to vote for Sen. Sullivan. President Donald Trump has expressed concerns about the potential confusion caused by the two candidates sharing the same name, calling it a "scam" in a Truth Social post.
The motion filed by Peltola's campaign and the Democratic Senatorial Campaign Committee argues that the DOJ's assumption that votes cast for Dan J. Sullivan were meant for Sen. Sullivan is "insulting to voters" and inconsistent with Alaska's ranked-choice voting system. Democracy Docket reports that the motion describes the lawsuit as an "extraordinary assault" on democracy.
The DOJ's lawsuit comes less than two weeks before Election Day, with early voting already underway. The court has not yet set a hearing date for the case. Legal experts have suggested that the DOJ's case is on shaky ground, as U.S. elections are typically run and certified by state and local officials, not the federal government.
The Alaska Supreme Court previously ruled that Dan J. Sullivan Jr. could remain on the ballot, despite earlier efforts to exclude him. The lawsuit names the state of Alaska, Alaska Division of Elections Director Carol Beecher, and the state election board as defendants. Peltola's campaign and the DSCC have expressed concerns that the named defendants may not adequately defend against the DOJ's demands.
Other parties, including the American Civil Liberties Union and the League of Women Voters of Alaska, have also filed motions to intervene in the case, emphasizing the importance of protecting the rights of Alaska voters.