Alaska Senate Race Faces Lawsuits and Delayed Vote Count

Alaska's closely contested US Senate election has become the center of a political and legal dispute ahead of Election Day, with allegations that Democratic operatives recruited a second candidate named Daniel J. Sullivan to draw votes away from Republican incumbent Dan Sullivan. The controversy has prompted state and federal investigations, while uncertainty over the election count could delay the final result by approximately two weeks.

The contest between Republican Sen. Dan Sullivan and Democratic candidate Mary Peltola could influence control of the US Senate. According to NPR and CNN, the Justice Department has filed a lawsuit seeking to prevent certification if the incumbent loses, arguing that the presence of a candidate with an almost identical name could confuse voters.

Daniel J. Sullivan, an independent candidate and former elementary school teacher from Petersburg, Alaska, has attracted scrutiny because of his name. State election officials initially ruled him ineligible, but state courts reversed that decision, allowing him to appear on the ballot.

Alaska Gov. Mike Dunleavy ordered a state investigation into whether the alleged recruitment operation violated election laws. The Justice Department has also opened a criminal investigation, although authorities have not identified specific potential offenses or announced any charges.

A federal judge in Anchorage is considering motions to dismiss the Justice Department's lawsuit. Alaska election officials, Democrats and outside organizations have sought its dismissal, with a ruling potentially coming before or around Election Day.

Legal experts interviewed by Alaska Public Media questioned whether the alleged recruitment activity would constitute a violation of state law. They said Alaska's election statutes generally do not make a candidate's motivations grounds for disqualification.

Meanwhile, the controversy has intensified debate over political tactics used by both parties. Amber McClelland, a Democratic voter in Anchorage, criticized the alleged recruitment while pointing to previous Republican efforts involving alternative candidates.

"It's kind of messed up, but in the past, Republicans have done everything that they can do to win, including cheat," McClelland said.

Alaska Public Media reported that Republican-aligned groups also supported efforts to place alternative candidates on the ballot. One campaign sought to qualify a Green Party candidate from Arizona, but he failed to advance through Alaska's top-four primary.

Republicans previously defended the right of Eric Hafner, a federal prison inmate serving a lengthy sentence in New York, to run against Peltola for the US House as a Democrat. A Republican-affiliated political group also attempted to place Hafner's mother on the Senate ballot, but she did not survive the primary.

The Republican National Committee argued that Daniel J. Sullivan's candidacy was different because his name closely resembles that of the incumbent, potentially creating confusion among voters.

In Petersburg, a southeastern Alaska community of approximately 3,000 residents accessible only by air or sea, several residents told CBS News they had not seen campaign materials promoting the independent candidate.

Andrew Worhatch, a local fisherman, questioned whether the candidacy involved a genuine campaign.

"I don't think it's a serious candidacy," Worhatch said. "I haven't seen a platform."

However, Keely Hankins, a Petersburg resident who knows the candidate and his family, defended his qualifications and urged voters to examine the ballot carefully.

"I've known Dan for a long time. I know his family. I know he's raised good children, and he's always been a really great role model for his students," Hankins said.

Hankins also argued that voters could distinguish between the two candidates by reading their full names on the ballot.

"If you intend to vote and intentionally vote, you know who you're going to vote for, and it says 'Daniel J. Sullivan, Jr.,' then it says 'Dan Sullivan, incumbent.' Just read the paper. It's not that hard," she said.

Other residents expressed embarrassment over the national attention surrounding their community. The local school district confirmed that Daniel J. Sullivan taught music and fourth- and fifth-grade classes for nearly 20 years before retiring in 2021.

CBS News also reported that Sullivan left Petersburg earlier in the week. A former student said she saw him aboard a flight to Anchorage on Monday, while his whereabouts afterward remained unclear. Residents told the network they had seen little evidence of active campaigning.

Despite the allegations, Peltola has denied involvement in any effort to mislead voters. During a campaign appearance in Juneau, she rejected claims that she knew about the other candidate.

"I knew nothing about any other candidates on the ballot except for me and the incumbent. That is all I have ever known about. I am not interested in tricking voters," Peltola said.

Sen. Sullivan has accused Peltola of dishonesty, while she has continued campaigning on affordability issues. President Donald Trump also traveled to Alaska to support the Republican incumbent during the closely watched contest.

Beyond the legal controversy, Alaska's election procedures could significantly delay the announcement of a winner. According to CNN, the state allows 10 days for domestic mail ballots to reach election officials and 15 days for ballots sent from overseas.

The state also uses ranked choice voting. If no candidate receives more than 50% of the first-round vote, election officials must conduct additional counting rounds after the ballot return period ends.

Derek Tisler, counsel with the Brennan Center's Elections and Government Program, said Alaska's geography and voting procedures make its election system particularly different from those in other states.

"Alaska does it different than everyone," Tisler said.

He explained that the state's remote communities and expansive territory contribute to the complexity of administering elections.

"It's such a unique state given its geography, given how remote it is and how expansive it is. So voters in all other 49 states are going to be a little confused about how things are done in Alaska when paying attention for the first time," Tisler said.

University of Alaska Fairbanks political science professor Russell Luke emphasized that a lengthy counting process should not automatically raise suspicions about election manipulation.

"If it does take these two weeks to find out the actual composition [of the results], this isn't a ballot manipulation — it's not an attempt to alter the results of the election," Luke said.

He added that the extended timeline reflects the state's established election procedures rather than an unusual intervention.

"It's simply how long it takes in Alaska. This is to be expected — it's not extraordinary or outside the norm," Luke said.

The dispute over certification has also raised questions about the governor's authority. Dunleavy said an investigation finding wrongdoing could affect whether the election results are certified.

However, former Justice Department attorney David Becker, founder of the Center for Election Innovation & Research, said election authorities cannot simply disregard legitimate results without facing legal challenges.

"If any state authority — whether it's a canvassing board or secretary of state or governor — wants to interfere with the rights of the voters by delaying or denying certification, the same thing will happen what's happened in the past: Parties with standing are going to go to the court," Becker said.

Becker said courts could intervene if officials improperly obstruct the certification process.

"They're going to get immediate relief," he said.

Notre Dame election law professor Derek Muller also distinguished between a candidate challenging an election and a governor refusing to certify its results. He said Alaska law allows defeated candidates to contest outcomes when misconduct, fraud or corruption could have changed the result.

"The court can order somebody else to do it," Muller said, referring to a situation in which a governor refuses to certify the election.

The Justice Department's civil lawsuit remains separate from the criminal investigation. The federal case seeks to prevent certification if Dan Sullivan loses, while the state judicial process and Alaska's established ballot-counting schedule will determine how the election results are ultimately finalized.