The lawsuit cites what it suggests is likely voter confusion from having another Republican candidate, named Daniel J. Sullivan, on the ballot and the chance that could help Democratic nominee Mary Peltola win what is expected to be a close contest between her and the incumbent Sullivan.
The DOJ is asking a judge to bar Alaska from certifying “any result that may be impacted by voter confusion … pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan.”
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“Should Alaska certify any electoral results tainted by the inclusion on the ballot of Daniel J. Sullivan — whose candidacy, Defendant Beecher [Alaska Elections Director Carol Beecher] found, is ‘for the purpose of confusing or misleading voters and compromising the fairness of the ballot’ — the State and its officers will fail in its obligation to protect the integrity of its election,” the suit in U.S. District Court in Alaska says.
“The United States accordingly brings this lawsuit to protect the integrity of the 2026 Senate election in Alaska,” the suit says.
CNBC has requested comment from the DOJ, both Sullivans and Peltola about the suit.
The suit says that “the sole purpose” of the candidacy of Daniel J. Sullivan “is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan.” The suit says Daniel J. Sullivan decided to run as a Republican “with the intention of misleading supporters of Senator Sullivan into voting for him.”
State of Alaska Official Ballot for the November 3, 2026 General Election.
Source: Department of Justice
Daniel J. Sullivan received just 2.5% of the vote in Alaska’s open primary on Aug. 28, but that was enough to win him one of four spots on the Senate general election ballot.
Peltola got 49.5% in the primary, and Sen. Sullivan received 41.1%. A third Republican, Gerald Heikes, received just 1.1% of the primary vote, earning him the fourth spot on the ballot.
In its suit, the DOJ said, “Daniel J. Sullivan’s presence on the ballot threatens to mislead Alaskan
citizens who want to vote for Senator Sullivan.”
“For example, some supporters of Senator Sullivan likely will inadvertently vote for Daniel J. Sullivan,” the suit says.
“Other supporters of Senator Sullivan likely will be confused as to how to rank the three Republican candidates as to defeat Peltola. They might not rank Senator Sullivan at all, resulting in votes for Daniel J. Sullivan to be transferred to Peltola after Daniel J. Sullivan’s all-but-guaranteed elimination in the first or second round of tabulations.”
The Cook Political Report with Amy Walter rates the Alaska Senate race as one of seven “toss-up” contests for that chamber.
FiftyPlusOne’s average of polling in the race shows Peltola, the former U.S. House member from Alaska, with a narrow two-point lead over Sullivan.
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