The campaign of Democratic nominee Mary Peltola has asked a federal judge to expedite and dismiss a U.S. Department of Justice lawsuit that seeks to halt the certification of Alaska's high-stakes U.S. Senate election. Filed in U.S. District Court late Sunday alongside the Democratic Senatorial Campaign Committee (DSCC), the motion requests an accelerated briefing schedule so the court can toss the case before Election Day on Nov. 3.
The underlying dispute centers on an eleventh-hour intervention by the federal government in a contest that could decide majority control of the U.S. Senate next January. The Justice Department filed its complaint late last week, after which President Donald Trump confirmed publicly that he had directed the legal action.
The Core Claims in the Justice Department's Lawsuit
According to federal court records reviewed via CNBC's initial coverage, the Justice Department's complaint requests an injunction barring Alaska election authorities from certifying the Senate race if incumbent Republican Sen. Dan Sullivan loses by a tight margin. Specifically, the DOJ wants certification paused if that margin could theoretically be attributed to voters mistakenly casting ballots for a third candidate on the ballot: Daniel J. Sullivan.
The Justice Department alleged that Daniel J. Sullivan entered the contest with the "sole purpose" of aiding the Peltola campaign by siphoning votes from the incumbent Republican. Should Sen. Dan Sullivan lose by a narrow tally, the DOJ wants a federal investigation to assess whether ballot confusion among voters between the two candidates altered the outcome of the race in favor of Peltola, a former U.S. Representative.
In response, attorneys representing Peltola and the DSCC emphasized in their filing that the federal administration is meddling in state-level election administration. The defense team argued that issues surrounding candidate naming and ballot qualifying are governed purely by Alaska state statute—matters that were already litigated and definitively resolved by the Alaska Supreme Court earlier this year.
| Case Element | Justice Department Filing | Peltola Campaign & DSCC Motion |
|---|---|---|
| Primary Objective | Bar race certification if Sen. Sullivan loses narrowly | Intervene and secure complete dismissal of the suit |
| Key Argument | Voter confusion caused by candidate Daniel J. Sullivan | Lawsuit lacks legal basis; ballot issues decided under state law |
| Requested Action | Federal investigation into voter intent if margin is small | Enforce swift response deadlines and dismiss before Election Day |
| Timeline Target | Post-election review prior to certification | Ruling finalized by federal court before Nov. 3 election |
Peltola's Motion for Expedited Review
In their emergency filing, counsel for Peltola and the DSCC expressed grave procedural concerns about the timing of the government's action. The attorneys noted they are "seriously concerned" that President Donald Trump and Attorney General Todd Blanche will utilize the pending litigation to "lay the groundwork for unlawful efforts to challenge a potential Peltola victory" should the lawsuit remain unresolved when voters head to the polls on Nov. 3.
As reported by CNBC reporting on the court filing, Peltola's legal team asked the judge to order the DOJ to respond to their motion to intervene and motion to dismiss by 5 p.m. Alaska Time on Tuesday, with a final reply scheduled for Wednesday. The overarching demand from the campaign was direct: "And dismiss the case this week."
"DOJ filed this lawsuit in the midst of the ongoing general election, less than two weeks before election day, raising issues governed exclusively by state law that were definitively resolved by the Alaska Supreme Court months ago," the motion stated. "DOJ seeks an unprecedented order precluding certification of the U.S. Senate election if the candidate the President favors loses narrowly."
Broader Stakes for Senate Control
The legal clash comes as national parties closely track Alaska's Senate contest. Because the balance of power in the upper chamber of Congress hinges on a small collection of competitive seats, both parties have committed significant legal and financial resources to the state.
Legal observers tracking the filing through CNBC's campaign finance and legal desk note that federal court intervention in state certification procedures so close to an election faces substantial constitutional scrutiny. Peltola's team asserted in its brief that the DOJ's underlying claims are "utterly without legal basis" and run counter to established principles limiting federal interference in state-run elections.
With early voting active across Alaska, the federal court is now tasked with determining whether to accept the expedited schedule requested by Peltola or allow the litigation to remain pending through Nov. 3.
