The Department of Justice escalated its legal battle over Alaska's Senate race on Thursday, filing an amended complaint that accuses Democrat Mary Peltola and her allies of attempting to mislead the federal judiciary, just as they allegedly sought to deceive voters in the state.
In the updated filing, DOJ lawyers wrote that Peltola's campaign and the Democratic Senatorial Campaign Committee—apparently buoyed by what they described as a successful scheme to confuse Alaskans—have now turned their attention to the courts. The complaint alleges the Democrats orchestrated a “sham” campaign to place a name-alike candidate on the ballot, a move designed to siphon votes from incumbent Republican Senator Dan Sullivan.
The lawsuit, initially filed last week, argues that the Senate election in Alaska should be invalidated unless Sullivan wins, given the confusion caused by the presence of another candidate named Dan Sullivan on the ballot. The DOJ's latest filing leans heavily on a New York Times report that Peltola's campaign was directly involved in recruiting the name-alike candidate, Dan J. Sullivan.
“Although what the New York Times reports is not always true, its reporting here aligns with what the United States has been alleging on information and belief,” the filing states. “It also aligns with common sense.”
But legal experts and Alaska officials say the DOJ's case faces significant hurdles. Scott Kendall, an Alaska attorney and former Republican operative, told The Hill that even if the allegations are true, the actions described are not illegal under state law. “These allegations don’t make the Department of Justice’s case a better case,” Kendall said. “There’s no basis for this lawsuit.”
Kendall acknowledged that ballot-stacking tactics can be seen as a “nasty, dirty trick,” but he stressed that Alaska’s Supreme Court has ruled such practices are permissible under state law. The DOJ has issued dozens of subpoenas in connection with the case, targeting Peltola's campaign offices and those of Dan J. Sullivan.
Governor Mike Dunleavy (R) has ordered a state investigation into whether Peltola's campaign violated Alaska law, and the House Oversight Committee has launched a parallel probe. President Trump has called for legal and political consequences for Peltola, and Vice President JD Vance has stopped short of endorsing prosecution but supported the investigation.
Peltola has denied any knowledge of the alleged scheme, stating on Thursday that she “knew nothing about any other candidate on the ballot except for me and the incumbent.” Her campaign has also denied involvement, and she has denied a role in the spoiler candidacy as the race tightens.
Despite the controversy, forecasters still see Peltola as the slight favorite, with Decision Desk HQ giving her a 60 percent chance of winning. The race remains one of the most closely watched in the country, and the legal wrangling is likely to continue as election day approaches.
