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Democracy & Rule of Law · Report · File No. 261028-527

DOJ calls a narrow Peltola win in Alaska a 'tainted victory' in suit over namesake

The Justice Department says a close Democratic win in Alaska's Senate race would be 'tainted' by a second candidate named Sullivan. A judge plans to rule by Thursday, days before the Nov. 3 election.

By the Investigations Desk · · 2 min read

Every quote in this story (1) was matched word for word against its source. How we work

Mary Peltola
Mary Peltola. Photo: Leah Herman, House Creative Services, Public domain

The Justice Department said Tuesday that a narrow win by Democrat Mary Peltola in Alaska's U.S. Senate race would be a "tainted victory." The claim is in a court filing in a lawsuit the department brought last week. The suit seeks to block certification of the result if Republican Sen. Dan Sullivan loses by fewer votes than a second candidate, Daniel J. Sullivan Jr., receives 1.

Certification is the official step that confirms who won. The department's filing says "Many polls indicate that the race between Senator Sullivan and Peltola will be within one or two percentage points." It adds that Daniel J. Sullivan received 2.5% of the vote in the primary 1.

On tapeLiveNOW from FOX · Oct 27
Oct. 27: Peltola asks federal judge to dismiss DOJ's Alaska Senate election lawsuitVideo: LiveNOW from FOX on YouTube, “Alaska's Peltola asks judge to toss DOJ's Senate election lawsuit”. It plays from YouTube when you press play.

What the suit asks

The suit does not ask the court to remove Daniel J. Sullivan from the ballot. It asks a federal judge to block certification if an investigation finds that votes for him could have changed the outcome 2.

The ballot lists the senator as "Dan Sullivan," "incumbent" and "Republican." The Alaska Supreme Court upheld the namesake candidate's place on the ballot 23. Alaska also uses ranked-choice voting, so voters can rank both candidates 2.

From Channel GOPPeltola: Tariffs doubled Alaska air taxi's parts billMary Peltola · 141 plays · captioned, with the source named

The Justice Department also asked the judge to keep Peltola's campaign and the League of Women Voters of Alaska out of the case, arguing that the intervenors would clog up the docket with duplicative motions and that their filings defended a sham candidate 1. The Democratic Senatorial Campaign Committee, the party's Senate campaign arm, joined Peltola's motion to intervene and to dismiss the suit. The ACLU of Alaska has also asked to intervene 3.

Thus, there is a realistic chance that, even if a majority of Alaskans wish to vote for Senator Sullivan, Mr. Sullivan's presence on the ballot will result in a tainted victory for Peltola.
U.S. Department of Justice, Trump administration, court filing1

Trump's words and the response

At a rally in Alaska, President Trump said of the namesake candidate: "They found a guy named Dan Sullivan. They put him up to get a little confused" 2. The senator's campaign said it had "no prior knowledge of this lawsuit and no role in it" 3.

On tapeCNN · Oct 24
Oct. 24: CNN reports DOJ suit to block certification of Alaska Senate results if Sullivan losesVideo: CNN on YouTube, “Trump's DOJ sues to block Alaska Senate results”. It plays from YouTube when you press play.

Peltola called the suit "desperation, honestly, and a complete lack of respect for Alaskans and their vote" 3. Her campaign's motion calls the case "part of a nationwide attack on free elections by the federal government" 3. It also argues that the federal law the suit cites, the National Voter Registration Act, does not govern how names are listed on a ballot 3.

What happens next

U.S. District Judge Sharon Gleason set an emergency schedule on Monday. Peltola's campaign and the voting rights groups have until noon Wednesday to reply. The judge said she intends to rule on the motions to dismiss by 5 p.m. Thursday 1.

That matters because the suit asks a court to question a result before any votes are counted. The pattern is a legal case built on a hypothetical close finish, filed 11 days before Election Day 2. Readers should expect fights over who can certify a result if close races go to the wire.

The Record

  1. Reports say the Justice Department sued Alaska election officials to block certification if the namesake candidate could have changed the Senate outcome 2.
  2. Judge Sharon Gleason set an emergency schedule in the case 1.
  3. The Justice Department filed a response calling a narrow Peltola win a 'tainted victory' 1.
  4. Judge Gleason said she intends to rule on the motions to dismiss by 5 p.m. 1.

Sources

  1. Newsweek, “DOJ Says Close Alaska Peltola Win Would Be 'Tainted Victory'” (2026-10-28). newsweek.com/alaska-senate-race-judge-ruling-doj-dan-sulliva
  2. KUTV, “Trump administration seeks to block Alaska Senate results if GOP incumbent loses” (2026-10-23). kutv.com/news/nation-world/president-donald-trump-administra
  3. Anchorage Daily News, “Peltola and Democrats file motion to stop Trump administration from blocking election results” (2026-10-24). adn.com/politics/2026/10/24/peltola-and-democrats-file-motio

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