The Trump Justice Department is demanding a federal court order Alaska election officials to segregate ballots ranking a retired teacher named Dan J. Sullivan — inserting Washington directly into how a state runs its own Senate election.
Associate Attorney General Stanley Woodward filed the request Friday, asking a judge to direct Alaska to "preserve and segregate all ballots ranking Daniel J. Sullivan" before Monday so the DOJ can investigate whether voters were confused by two candidates sharing the same name on a ranked-choice ballot. The filing did not explain how reviewing a ballot would reveal voter confusion. The move is part of a broader federal lawsuit to block Alaska from certifying its Senate results if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola — a race that could determine control of the upper chamber.
NBC News framed the DOJ's actions as the Trump administration "ramping up its efforts to inject itself into the Alaska election, which by statute is handled by state officials." Newsweek focused on the certification mechanics, reporting on whether Republican Gov. Mike Dunleavy could intervene. Both outlets confirm Trump publicly said he directed DOJ to bring the case. "I don't know how he can win here because you're splitting up the vote illegally," Trump told Kansas City radio host Pete Mundo. "I think it's a total fraud."
The DOJ's civil case now includes requests for expedited discovery of internal communications from both Peltola's campaign and the Democratic Senatorial Campaign Committee regarding recruitment of the second Sullivan. The New York Times reported Peltola's campaign was involved in recruiting him; Peltola denied it. The DSCC said it was "not involved with Dan J. Sullivan."
U.S. Attorney Michael Heyman acknowledged a parallel criminal investigation at a press conference in Alaska, declining to specify what potential crimes are being examined. He said the Times reporting triggered a "significant surge of law enforcement assets to Alaska." The DOJ has issued at least three dozen subpoenas and document preservation requests, including to both campaign offices.
Newsweek added critical context that NBC omitted: the governor has no authority over state certification. University of Washington law professor Jeff Feldman told Newsweek that Alaska's Division of Elections director certifies results under state law. "The Governor plays no role in the state certification process," Feldman said. Dunleavy's separate federal role — signing the senator-elect's certificate — is typically "a ministerial act." Feldman said he was unaware of any Alaska governor ever refusing to sign.
FairVote, which advocates for ranked-choice voting, argued the system actually mitigates name confusion because voters can rank both Sullivans — if one is eliminated, the ballot transfers to the other if ranked next.
Alaska's calendar targets November 18 for ranked-choice tabulation and November 25 for certification. Polls show Peltola leading by 2 to 3 points.
The question left hanging: whether federal prosecutors belong in the middle of a state's ballot count — and what precedent this sets the next time Washington decides it doesn't like how a state tallies its votes.
