Alaska's governor has no say in certifying Senate vote, but signs the credential

Alaska Gov. Mike Dunleavy, a Republican, has declined to say flatly what the state would do if Democrat Mary Peltola beats Republican Sen. Dan Sullivan while investigations into a second candidate named Daniel J. Sullivan Jr. remain open ¹. An election-law expert says the governor does not control the key step. The question matters because Alaska's race is among those that could decide control of the Senate ¹.

Who certifies, and who signs

University of Washington law professor Jeff Feldman told Newsweek that Alaska law makes the director of the state Division of Elections responsible for certifying results ¹. That director is appointed and works under the lieutenant governor's office ¹. Alaska law says the director "shall certify" the candidate with the most votes ¹.

On tapeThe Hill · Oct 30

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The Governor plays no role in the state certification process,

The governor does have a separate job under federal law: signing the certificate for a senator-elect ¹. Feldman called that typically "a ministerial act," meaning a routine formality. He said he knew of no case in which an Alaska governor refused to sign and honor the state's certified result ¹.

The Justice Department lawsuit

The Justice Department (DOJ) sued Alaska on October 22 ². The suit seeks to block certification of certain results if the incumbent Sullivan loses, arguing voters could have been confused by the two similar names ¹².

From Channel GOPPeltola: Sullivan tripled his wealth while Alaskans struggleMary Peltola · 129 plays · captioned, with the source named

President Donald Trump has said he ordered the suit. "I'm the one that said 'do it,'" he said ¹.

Alaska's Department of Law has asked a federal judge to dismiss the case "immediately" ². The state says the only law DOJ cites, the National Voter Registration Act, covers registration, not ballot counting or certification ². Peltola's campaign and the Democratic Senatorial Campaign Committee have also moved to dismiss ¹.

On tapeCBS Evening News · Oct 24

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Feldman put the odds of a certification delay at "low," adding that even the state does not see a legal basis for one ¹. Another expert, University of Kentucky law professor Joshua Douglas, was blunter.

This case is a press release disguised as a lawsuit.

The timeline and the allegations

U.S. District Judge Sharon Gleason fast-tracked the case. She noted the suit came after Alaskans had begun voting and nearly four months after the Alaska Supreme Court ordered the other Sullivan onto the ballot ¹².

Alaska uses ranked-choice voting, so a winner may not be clear on election night ¹. The state calendar targets November 18 for the ranked-choice count and November 25 for certification, more than three weeks after Election Day ¹.

The New York Times reported this week that operatives aligned with Peltola sought to recruit candidates, including Sullivan Jr., to split support for the incumbent ¹. Peltola's campaign has said it has "no involvement with either Sullivan campaign" ¹. The DOJ and the state have opened investigations ¹. Neither an investigation nor an allegation is itself a finding that the election returns are inaccurate ¹.

That matters because the dispute is about certification of results after the counting. Polls show a close race. Data for Progress had Peltola up 3 points in an October 8-16 survey, and InsiderAdvantage had her up 2 on October 9-10 ¹. Readers should expect Alaska's outcome to take weeks, not hours.

The Record

1. Oct 22, 2026The Justice Department sued Alaska over certification of its Senate race, and Trump later said he ordered the suit ¹².
2. Oct 27, 2026Alaska's Department of Law asked a federal judge to dismiss the suit immediately, saying it has no legal basis ².
3. Nov 18, 2026Alaska's election calendar targets this date for ranked-choice tabulation ¹.
4. Nov 25, 2026Alaska's election calendar targets this date for certification ¹.

Sources

1. Newsweek, “Alaska Election Certification Explained if Trump-Backed Dan Sullivan Loses” (2026-10-30). newsweek.com/dan-sullivan-alaska-mary-peltola-election-ballo
2. Alaska Public Media, “State of Alaska says DOJ lawsuit over Senate race has no legal basis” (2026-10-27). alaskapublic.org/news/politics/elections/2026-10-27/state-of

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