Justice Department sues to block Alaska Senate certification if Sen. Dan Sullivan loses, citing a second Sullivan on the ballot

The Justice Department has sued Alaska election officials in federal court, asking a judge to block certification of the state's U.S. Senate election under certain conditions if incumbent Republican Sen. Dan S. Sullivan loses, NBC News reported. The suit was filed Thursday, less than two weeks before the Nov. 3 election.

The department argues that the presence of another candidate, Daniel J. Sullivan Jr., on the ballot could lead some of the senator's supporters to vote for the wrong person. It is asking the court to stop certification if Sen. Sullivan does not win and if he would have won had all votes for Daniel J. Sullivan Jr. gone to him instead, according to NBC News. Courthouse News Service reported that the government wants certification paused pending an investigation into whether those votes were meant for the senator, and that it cites the National Voter Registration Act. The case is before U.S. District Judge Sharon L. Gleason.

Sen. Sullivan faces Democrat and former congresswoman Mary Peltola in the race, Courthouse News reported. In the August all-party primary, Peltola received 49.5% of the vote, Sen. Sullivan 41.4% and Daniel J. Sullivan Jr. 2.5%, according to NBC News.

Alaska's Division of Elections tried in June to remove Daniel J. Sullivan Jr. from the ballot, finding his candidacy was not filed in good faith, but the Alaska Supreme Court allowed him to stay on, Courthouse News reported. The November ballot lists the senator as "Dan S. Sullivan" with "registered Republican" and "incumbent" next to his name, while the other candidate appears as "Daniel J. Sullivan Jr." with no party listed, NBC News reported.

A Justice Department spokesperson told NBC News the candidacy "was intended to mislead voters and compromise the fairness of the ballot." Attorney General Todd Blanche told reporters Thursday that it is "never our intention to improperly interfere with elections or the state confirmation process or certification process," NBC News reported. Daniel J. Sullivan Jr., a former teacher, did not respond to NBC News' request for comment; he told the AP in June that his candidacy is "no sham." A Peltola spokesperson said earlier this year that her campaign has no involvement with either Sullivan campaign, according to NBC News. Justin Levitt, a former Justice Department official and NBC News contributor, told the network that no law allows the department to challenge ballots or delay certification.