Close Alaska Senate Count Puts Focus on Justice Dept. Lawsuit

Democrat Mary Peltola held a narrow lead over Republican Sen. Dan Sullivan in Alaska’s Senate race on Wednesday, a tight margin that has drawn new attention to a Justice Department lawsuit over a third candidate who shares the senator’s name.

The count so far

With roughly three-quarters of the expected vote counted, Peltola led Sullivan by several hundred votes, about 48.2 percent to 47.9 percent, according to preliminary results reported by the Anchorage Daily News and other outlets. The Washington Post reported late Wednesday morning that the margin was under 1,000 votes.

Republican Gerald Heikes, a perennial candidate from Palmer, had about 2.3 percent. Daniel J. Sullivan, a retired teacher from Petersburg who appeared on the ballot without a party label, had more than 3,500 votes, or about 1.7 percent.

Because no candidate has passed 50 percent of first-choice votes, the race is expected to go to a ranked-choice tabulation scheduled for Nov. 18, the Anchorage Daily News reported. In that process, the last-place candidate is eliminated and those ballots move to voters’ next choices until one candidate has a majority. Results are scheduled to be certified on Nov. 25.

The lawsuit

The Justice Department has accused the Petersburg candidate of working with Democrats to enter the race and confuse voters, according to The Washington Post. The department filed a lawsuit last month seeking to delay certification if the senator lost by less than the share of votes won by his namesake.

A federal judge rejected that request on Sunday, the Post reported. The judge said the department’s call for an investigation into whether voter confusion tainted the result was unworkable because ballot choices are secret.

The department has appealed to the US Court of Appeals for the Ninth Circuit. The appeals court has set a briefing schedule that runs into January, and the department has not asked to speed it up, according to the Post. That timeline would extend well past the state’s certification date.

A related criminal investigation into the circumstances of the namesake candidacy is also underway by the Justice Department and the Alaska Department of Public Safety, the Anchorage Daily News reported. No charges have been announced.

How the ballot was handled

The candidate initially filed as a Republican but changed his registration to undeclared in August, apparently by mistake, the Anchorage Daily News reported. State election officials listed him without a party affiliation as one way to distinguish him from the senator.

Democrats have condemned the lawsuit and the criminal probe as an improper attempt by the federal government to influence a state election, according to the Post. Administration officials have said the actions are aimed at protecting voters from deception.

What it means for the Senate

Democrats have already won a Senate majority by flipping at least seven seats, according to the Associated Press. An Alaska win would expand that majority, while a Sullivan victory would trim it. The race has drawn record spending, and both President Donald Trump and Vice President JD Vance held rallies in the state for Sullivan, the Anchorage Daily News reported.

Mississippi’s Senate contest also remains too close to call. BURN VOC will report the Alaska result after the ranked-choice tabulation is complete.

How we reported this

This report is based on information confirmed by the Associated Press or by at least two major news organizations, as noted in the text. Figures from early or partial counts are identified as such and may change. BURN VOC will update this story as new information is released.