Courts & Justice · Report · File No. 261031-052
Alaska tells judge Trump's demand to set aside Senate ballots is 'meritless'
The Republican-run state attorney general's office asked a federal judge Saturday to throw out the Justice Department lawsuit with prejudice, calling its request to separate ballots 'disturbing and impossible.' The filing lands four days before the election, as the FBI questions donors to the second Dan Sullivan.
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Alaska's Republican-run state government on Saturday urged a federal judge to dismiss the Justice Department lawsuit that President Donald Trump directed, which seeks to stop certification of a possible Democratic win in the state's U.S. Senate race 1. The state's attorney general's office wrote that there is "no reason for this Court to entertain this meritless lawsuit any longer" 1.
U.S. District Court Judge Sharon L. Gleason set a Saturday deadline for arguments on whether she should dismiss the case without a hearing 1. The suit asks the judge to halt certification of a possible win by Democrat Mary Peltola until it is determined whether voters were confused by a second candidate on the ballot with the same name as her main rival, Republican Sen. Dan Sullivan 1.
On Friday, the Justice Department added a request that the judge separate all ballots showing votes for the second Dan Sullivan, to determine whether voters were fooled into wasting votes on a spoiler candidate 1. Alaska's Saturday filing called that "both disturbing and impossible," adding there would be no way to do it without violating voter privacy 1.
The state filing notes the two Sullivans are distinguished on the ballot: the senator is listed as a Republican and the incumbent, while the other appears simply as "Daniel J. Sullivan" 1. "State officials carefully designed the ballot to minimize voter confusion," Alaska officials wrote 1.
From Channel GOPPeltola: Social Security is the number one issueMary Peltola · 122 plays · captioned, with the source named
The Court should immediately dismiss this lawsuit with prejudice and allow state officials to conduct the general election — including ballot counting and certification — free from unwarranted federal interference.
Trump also demanded that Peltola be prosecuted after The New York Times this week reported that internal texts and posts appear to show the Democrats' campaign was involved in recruiting the second Sullivan, a retired school teacher in the remote fishing village of Petersburg, onto the ballot 1.
FBI questions donors in Alaska and Massachusetts
The court fight widened as the FBI began reaching out to donors of Dan J. Sullivan asking about potential deception 2. Agents contacted donors in at least two remote Alaska communities and a couple in Massachusetts, and an Anchorage-based agent visited a boat dealership in Petersburg, leaving a business card for Charles Flint 2.
Flint, who contributed $500 over the summer, said an agent asked his son whether Flint felt he had been "misled" about which candidate he was supporting 2. "I don't feel like I've been misled at all," Flint told the Associated Press 2.
Alaska U.S. Attorney Michael Heyman told reporters in Anchorage the federal investigation has been ongoing for several months, and that the Times revelations resulted in a "significant surge of law enforcement assets to Alaska" 2. At a rally in Anchorage on Friday, Peltola again denied involvement in any plan to place candidates on the ballot to detract from the incumbent, calling the allegations "garbage" and part of a "smear campaign" 2.
I know I can beat Dan Sullivan. I do not need any help winning this race.
That matters because a federal judge is now being asked, four days before Tuesday's ranked choice election, to set aside ballots cast in a race that could decide control of the Senate — and the state running the election is itself Republican and asking her to refuse 12.
What happens next is up to Judge Gleason, who set Saturday for arguments on dismissal without a hearing 1. Alaska asked her to dismiss the case with prejudice, meaning it could not be refiled, and to let state officials conduct the election "free from unwarranted federal interference" 1.
The Record
- The Justice Department asks Judge Gleason to separate all ballots showing votes for the second Dan Sullivan 1.
- Alaska's attorney general's office files to dismiss the suit with prejudice, calling the separation request 'disturbing and impossible' 1.
- The FBI's donor visits in Alaska and Massachusetts are reported as the federal inquiry widens 2.
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Sources
- ABC News, “Attorneys for Alaska say 'meritless' Trump demand to set aside Senate ballots 'not even possible'” (2026-10-31). abcnews.com/Politics/wireStory/attorneys-alaska-meritless-tr
- PBS NewsHour, “FBI visits Dan J. Sullivan donor in candidate's hometown as Alaska Senate inquiry widens” (2026-10-31). pbs.org/newshour/politics/fbi-visits-dan-j-sullivan-donor-in
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More from the files
Top federal prosecutor in Alaska calls Peltola ballot allegations 'troubling'
U.S. Attorney Michael Heyman says new reporting on the Alaska Senate race has brought a surge of law enforcement resources, but he won't say what crimes are being investigated. The Justice Department plans to ask a court for an injunction by Monday, the day before the election.
Judge orders DOJ to answer dismissal motions in Alaska Senate ballot suit by Friday afternoon
A federal judge in Anchorage is keeping the Justice Department's lawsuit on a fast track, with a ruling possible before Tuesday's election. The suit seeks to delay certification of the Alaska Senate race if Republican Sen. Dan Sullivan loses by a margin tied to voter confusion over a second candidate named Dan Sullivan.
DOJ accuses Peltola of misleading federal court in Alaska Senate suit
The Justice Department's amended complaint says Peltola's campaign and the Democrats' Senate campaign arm misled the court. Peltola denies knowing of any scheme, and an Alaska lawyer says the new claims don't make the case stronger.
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