United States v. Alaska

Less than two weeks before the November 2026 election, the United States sued the state of Alaska seeking a court order to indefinitely block the certification of the election results “if . . . Senator Sullivan does not win the election” and then to engage in some form of “investigation” of whether “Senator Sullivan would have won the election” under Alaska’s ranked-choice voting system absent the supposed confusion.

One of the U.S. Senate candidates on the ballot is named Daniel J. Sullivan, Jr., a similar name as the incumbent U.S. Senator, Dan S. Sullivan, who is also on the ballot. On June 10, 2026, the Alaska Republican Party filed a complaint seeking to remove Daniel J. Sullivan, Jr., from the ballot, arguing that his candidacy was a bad faith effort to confuse voters. On June 15, 2026, Director of the Alaska Division of Elections Carol Beecher, removed Senate candidate Daniel J. Sullivan, Jr., who then filed suit in state court. In June 2026, the Alaska Supreme Court ruled that under Alaska law, Daniel J. Sullivan, Jr., had to be included on the ballot.

The general election ballot clearly marks the incumbent Senator as the incumbent and by political party. The ballot entry for “Daniel J. Sullivan, Jr.,” includes neither of the two pieces of information.

Seeking to wade into an already resolved state law question when early voting was already underway, the United States filed suit alleging a violation of the purpose provisions of the NVRA. But the NVRA sets requirements only for voter registration practices, and contains no requirements that have any bearing on ballot access, candidate placement, or election certification.

Despite having no legal basis whatsoever, the United States sought relief that would deprive Alaskans of their right to vote and right to representation.

The very next day, ACLU and ACLU of Alaska moved to intervene in the case on behalf of two Alaska voters, the League of Women Voters of Alaska, and Common Cause. With the motion to intervene, we also filed a proposed motion to dismiss, asking the court to throw out the United States’ suit.