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Dismissal of Trump-ordered lawsuit in Alaska’s US Senate race sought in counterfilings by groups, voters
DOJ’s attempt to block election if Sullivan loses triggers motions to intervene by attorney supporting namesake challenger’s candidacy, Peltola campaign, civic organizations, individuals
By Mark Sabbatini
Juneau Independent
This story has been corrected to note Tom Lamb is an attorney who filed an amicus brief in support of Dan J. Sullivan’s candidacy, not an attorney representing the candidate.
Organizations and individuals are rushing to intervene in a lawsuit ordered by President Donald Trump that seeks to nullify the results of Alaska’s U.S. Senate race if Republican incumbent Dan Sullivan narrowly loses, arguing it has no legal merit and is part of a larger Trump effort to illegally interfere with the midterm elections.
The countermotions include requests to dismiss the lawsuit and impose sanctions on the attorneys filing it. Also, the filings note state officials who are the listed defendants are aligned with the Trump administration’s effort to sway the Senate race, and thus intervention is warranted to ensure an aggressive response to the lawsuit’s claims.
"The relief the United States seeks — indefinitely blocking the certification of the imminent U.S. Senate election — would violate numerous fundamental rights and legal precepts," states a countermotion filed Friday by the League of Women Voters of Alaska, Common Cause, and two Alaska voters. "It would disenfranchise voters and deny their fundamental right to vote. It would require an inquisition into individual voters’ intent that would violate the right to a secret ballot."
The lawsuit filed by the Trump administration on Thursday seeks to keep the state from certifying the election results if Sullivan loses and the votes cast for namesake challenger Dan J. Sullivan, a Republican retired teacher from Petersburg, are enough to change the outcome. Trump, Sen. Sullivan and many of his supporters have claimed the Petersburg resident’s candidacy is a sham intended to confuse voters.
Alaska Division of Elections Director Carol Beecher, a defendant in the federal lawsuit, invalidated Dan J. Sullivan candidacy earlier this year based on that allegation. Her action was overturned by the Alaska Supreme Court, which noted state law restricts the discretion of election officials to whether a candidate meets the constitutional requirements of the office sought — and motives aren’t included in those qualifications.
Beecher responded by taking unprecedented steps — the legality of which is questioned by critics — to distinguish the two Sullivans on the ballots. Dan S. Sullivan is the first candidate in the state to ever have "incumbent" listed next to his name, while Dan J. Sullivan’s name was altered to "Sullivan, Daniel J. Jr." and omits his Republican Party affiliation, also a first.
Such actions are noted in the filings by entities seeking to become co-defendants in the federal government’s lawsuit against the state.
"Alaska has already taken positions contrary to those of Proposed Intervenors — and aligned with those of the United States here — in state court litigation surrounding potential voter confusion in the Senate race," the filing by Common Cause, LWV and two individuals notes.
Sam Curtis, a spokesperson for the Alaska Department of Law, stated in an email to the Juneau Independent on Friday afternoon that "the complaint is being reviewed, and we do not have any comment on the litigation."
Two other motions to intervene were filed Friday. One is by Alaskans For Mary, the campaign organization for Democratic challenger Mary Peltola, who has a narrow lead in recent polls in the Senate race. The other is by Tom Lamb, an attorney who filed an amicus brief in support of Dan J. Sullivan during the state’s challenge to his candidacy.
Lamb’s filing, like other counterresponses, notes the lawsuit claims the National Voter Registration Act allows DOJ to force state officials to "protect the integrity of the electoral process." As with other respondents and numerous legal experts, Lamb states that phrase is a preamble to the Act that is a "statement of purpose" with no enforcement authority.
"The NVRA’s operative provisions govern voter registration: registration with driver’s license applications, by mail, and at public agencies, and the maintenance of registration lists," Lamb wrote, adding "Nothing in the Act addresses who may appear on a ballot, how ranked-choice ballots are tabulated, or when a State may certify a result."
Furthermore, the investigation sought in the lawsuit if the election is close is impossible to conduct legitimately or effectively since ballots cast by individuals are confidential, Lamb wrote.
"An investigation into what a voter ‘meant’ would rest entirely on unverifiable statements, including false ones made to change the outcome," he wrote.
Some analysts have suggested the DOJ lawsuit is essentially a publicity and advocacy effort by Trump to boost Dan S. Sullivan’s candidacy. Some of the counterfilings Friday note Trump’s multiple statements attacking Dan J. Sullivan, including declaring "we are looking at powerful legal actions to remove" him from the ballot, as well as an alleged federal criminal investigation of his candidacy.
The motion to intervene by Peltola’s campaign, while raising similar legal points to other countermotions, also fires back with plenty of political rhetoric.
"Alaskans, apparently, must elect Senator Dan S. Sullivan or the President will not let them elect anyone at all," the introduction of the Peltola campaign’s filing states.
• Contact Mark Sabbatini at editor@juneauindependent.com or 907-957-2306.
