US Justice Department seeks to block Alaska Senate results if incumbent loses

The US Department of Justice has filed a preemptive lawsuit seeking to block certification of Alaska's Senate election results if Republican incumbent Dan Sullivan loses the race, which could determine control of the Senate.

The lawsuit argues that another candidate named Daniel J. Sullivan could confuse voters and asks a court to potentially delay certification if Sullivan is defeated next month. Election law professor Derek Muller of Notre Dame Law School called the legal theory behind the suit "strange and unusual" and said it is unclear how a court could intervene as proposed.

“The legal theory behind the lawsuit is strange and unusual.”

Democrats need to win four net seats in November to take control of the Senate, and Alaska is among several Republican-held states they hope to flip. Incumbent Dan Sullivan and Democrat Mary Peltola have campaigned in a tight race where reliable polls have been scarce.

Daniel J. Sullivan is a registered Republican, but state election officials placed him on the ballot without party affiliation. The incumbent appears on the ballot identified as "registered Republican" and "incumbent."

In the primary election, Dan Sullivan received 68,726 votes while Daniel J. Sullivan received 4,107 votes. Republicans have alleged that the second Sullivan candidacy aims to split the vote and confuse the electorate.

President Donald Trump suggested earlier this week that his administration might take legal action regarding the race.