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Justice Department Files a Revised Alaska Lawsuit With 40 Subpoenas Days Before the Midterms

A new complaint accuses Democrats of fielding a second Sullivan to confuse voters, as the governor orders a criminal inquiry and critics question what federal power the department is using.

Outspoken Digest News Desk

Friday, October 30, 2026/2 min read

Mary Peltola, the Democratic Senate candidate in Alaska, smiling in a dark jacket and patterned blouse with long dark hair and drop earrings against a blurred green woodland, photographed in 2022, a file portrait of Peltola and not of the lawsuit or any court proceeding
Photo: U.S. Rep. Mary Peltola via Wikimedia Commons (Public domain)

Four days before the midterms, the Justice Department has gone back to court in Alaska with a sharper version of its attempt to hold up a Senate result it has not yet seen. Al Jazeera, drawing on Reuters and the Associated Press, reported that the department filed a revised lawsuit on Thursday seeking to decertify Alaska's Senate race if Republican incumbent Dan S. Sullivan loses narrowly.

The first suit, which we covered last week, asked the state not to certify results affected by voter confusion. The new one adds a charge and a paper trail.

What does the revised Alaska lawsuit say?

The complaint accuses Democrats of putting a candidate with the same name as the senator on the ballot to mislead voters. Its lawyers call his campaign a sham and say it was run to help Democrat Mary Peltola win. Reuters reported that the department issued 40 subpoenas and document preservation requests with the filing.

The candidate in question is Dan J. Sullivan Jr., a retired teacher from Petersburg who appears on the ballot as Daniel J. Sullivan Jr. with no party. According to Alaska's News Source, the state removed him from the ballot in June, saying his candidacy was meant to confuse voters, but the courts, including the state Supreme Court, put him back a day before the ballot-printing deadline. In the August primary Peltola took 49.54 percent, Sullivan 41.40 and Sullivan Jr. 2.47.

What is new this week?

Two developments sit behind the revised filing. A New York Times report on Wednesday alleged that members of Peltola's campaign helped recruit Sullivan Jr. as a spoiler, and Peltola's campaign denies any involvement. Alaska Governor Mike Dunleavy then ordered a criminal investigation into the allegations, Al Jazeera reported.

The department's original filing drew pushback from inside the senator's own party. Sullivan's campaign said it would let the complaint run its course, Senator Lisa Murkowski said the department should never have filed it, and a Peltola spokesperson called it a despicable political threat to overturn an election, according to Alaska's News Source.

Is ballot stacking illegal, and can the DOJ stop certification?

Recruiting a candidate to split an opponent's vote is generally considered legal, and Al Jazeera notes both parties have used it in Alaska. Critics doubt a pause on certification is workable, arguing voter intent cannot be read from a final tally alone. Justin Levitt, a former Biden-era Justice Department official, questioned what federal authority applies and suggested the investigation was aimed at becoming the story. Under the Constitution, running elections falls to the states.

Why does the Alaska race matter?

It is one of seven toss-ups likely to decide whether Republicans keep the Senate, where they hold 53 of 100 seats. Democrats are betting on President Trump's unpopularity and cost-of-living anger. Trump has suggested he may not accept the midterm results if his party loses its majorities, and the department has also challenged voting procedures in several states, including California.

The immediate question is whether a federal judge acts before polls open on 3 November. If the result is close, the argument over Alaska's two Sullivans could outlast election night.

Published in The Outspoken Digest

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