Peltola Campaign Seeks Dismissal of DOJ Alaska Senate Lawsuit Before Election Day

The campaign of Alaska Senate Democratic nominee Mary Peltola asked a federal judge to dismiss a Trump administration lawsuit — one that could block certification of the state's Senate race — before Election Day on November 3.

A lawyer for Peltola's campaign and the Democratic Senatorial Campaign Committee filed a court motion late Sunday, expressing that they are "seriously concerned" President Donald Trump and Attorney General Todd Blanche will use the lawsuit to "lay the groundwork for unlawful efforts to challenge a potential Peltola victory" if the complaint remains pending through Election Day.

The Department of Justice filed its suit in U.S. District Court on Friday. Trump said later that same day that he had ordered it. The case asks a judge to bar Alaska from certifying the Senate race results if incumbent Republican Sen. Dan Sullivan loses by a margin that could be attributed to voters mistakenly casting ballots for another candidate on the ballot, Daniel J. Sullivan.

Under the DOJ's scenario, an investigation would be conducted to determine whether voter confusion over the two men's similar names was sufficient to swing the outcome to another candidate — presumably Peltola. The DOJ claims that Daniel J. Sullivan's "sole purpose" of running "is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan."

The ballot itself identifies the incumbent as Dan S. Sullivan, noting he is a Republican and a current officeholder. The other candidate is listed as Daniel J. Sullivan, with no additional identifiers beside his name.

In their filing, Peltola's campaign and the DSCC asked the judge to order the DOJ to respond to their motions to intervene and dismiss the case by 5 p.m. Alaska Time on Tuesday, with a reply due by Wednesday. "And dismiss the case this week," the motion states.

The filing argues that the DOJ suit raises "issues governed exclusively by state law that were definitively resolved by the Alaska Supreme Court months ago." It further characterizes the DOJ's request as "an unprecedented order precluding certification of the U.S. Senate election if the candidate the President favors loses narrowly," adding that the DOJ's claims are "utterly without legal basis."

"The Court should not allow this lawsuit to hang like the Sword of Damocles over the ongoing election, lending false legitimacy to the President's and the Attorney General's ongoing efforts to spread false narratives about Alaska's elections as voting continues and as results begin to be tabulated next week," the filing said.

Peltola addressed the lawsuit directly on Friday, telling MSNBC's Nicolle Wallace that it "is exactly the kind of corruption that Alaskans are sick and tired of." She characterized the action as "a very desperate attempt to cling to power, using his allies in Washington, D.C., to rig the system even further."

The DOJ has not publicly explained how an investigation conducted before certification could determine whether any individual voter was confused about which Sullivan they intended to support. CNBC said it had requested comment from the department.

The Alaska Senate race carries national stakes — the winner could determine which party holds a majority in the U.S. Senate beginning in January. Peltola's campaign separately disclosed that on Saturday night, she and her family "sustained minor injuries" requiring medical attention after the vehicle transporting them was struck by another driver while en route to the Alaska Federation of Natives Annual Banquet. Campaign events in Fairbanks and Bethel scheduled for Sunday and Monday were postponed, with the campaign saying they would be rescheduled.

The federal judge's response to the motion will be closely watched in the days leading up to November 3, as the lawsuit's continued existence — regardless of its ultimate outcome — keeps open a legal avenue to delay or contest certification of the race's results.