DOJ sues to block Alaska's Senate result if Dan Sullivan loses, citing a second Dan Sullivan on the ballot

The Justice Department sued Alaska on Thursday to stop the state from certifying the winner of its U.S. Senate race in one scenario: that Republican Sen. Dan Sullivan loses, and the votes cast for a different candidate named Daniel J. Sullivan could have changed the result. CNBC, Deseret News and Newsweek all report the filing. The state's general election is Nov. 3.

What the suit asks for

Per CNBC, the suit asks a federal judge in Alaska to bar the state from certifying "any result that may be impacted by voter confusion" until an investigation determines whether votes for Daniel J. Sullivan "were meant to be cast for Senator Sullivan." Deseret News reports the defendants include Alaska and Division of Elections Director Carol Beecher, and that the trigger is a loss by the incumbent by fewer votes than Daniel J. Sullivan receives.

The Justice Department says it is acting under the National Voter Registration Act. A department spokesperson told CNBC that Alaska's Division of Elections had found his candidacy "was intended to mislead voters and compromise the fairness of the ballot."

Why a minor candidate matters here

Alaska uses ranked-choice voting. If no one tops 50% in round one, the last-place candidate is dropped and those ballots move to each voter's next choice, until two remain. The suit argues that supporters of the senator may mark the wrong Sullivan, or may not rank the senator at all, so that Daniel J. Sullivan's votes transfer to Democrat Mary Peltola after he is eliminated.

CNBC reports the August primary results: Peltola 49.5%, Sen. Sullivan 41.1%, Daniel J. Sullivan 2.5% and Republican Gerald Heikes 1.1%. Those four are on the November ballot. Sen. Sullivan is labeled "incumbent" and "registered Republican." Daniel J. Sullivan has no party label; election officials declined to print one. Polls cited by the outlets put Peltola ahead, by two points in FiftyPlusOne's average (CNBC) and 2.7 points on VoteHub's tracker (Newsweek). The Cook Political Report rates the race a toss-up, one of seven for control of the Senate.

The legal pushback

Alaska's elections division first tried to remove Daniel J. Sullivan from the ballot. A trial court rejected that and the Alaska Supreme Court affirmed, per Newsweek and Deseret News. He has said he is running because he is unhappy with the senator's performance.

Michael Morley of Florida State University told Newsweek the concern about voter confusion is real, but called the suit "completely meritless," saying it does not allege the voter-registration law was violated and that the issue could have been raised before ballots were cast. He expects a quick dismissal. CNBC said it had asked Alaska's attorney general, both Sullivans and Peltola for comment. We found no ruling or state response yet.

What it means for voters and for the count

• Voting: Check the ballot for the "incumbent" and "registered Republican" labels, and note that ranking is optional. Leaving a candidate unranked means your ballot cannot move to them.
• Timing: A court order could delay certification if the margin falls inside the scenario the suit describes. Whether any judge will issue one is untested.
• Markets and business: Senate control shapes tax, tariff, energy and spending legislation. See our markets coverage for how outcomes have been priced.

Sources: CNBC, Deseret News, Newsweek. This is news reporting, not legal or investment advice.