SAN FRANCISCO - Former Maricopa County Recorder Stephen Richer and election scholars from UCLA School of Law's Safeguarding Democracy Project filed amicus briefs on Nov. 14 urging the Ninth Circuit Court of Appeals to dismiss a Department of Justice (DOJ) lawsuit challenging Alaska's U.S. Senate race. Legal experts warned the federal intervention sets a dangerous precedent for subverting state election authority.
What happened?
The Trump administration filed the unusual pre-election suit demanding that Alaska halt certification of the Senate race if incumbent Republican Dan S. Sullivan loses, alleging voters were confused by an unaffiliated candidate named Dan J. Sullivan. A federal district judge in Anchorage dismissed the suit without a hearing, prompting the DOJ to appeal. The Ninth Circuit set the DOJ's opening brief deadline for Dec. 14, with answering briefs due Jan. 11, 2027.
Why does it matter?
Scholars warned that allowing federal interference in completed state elections damages the constitutional division of power. "The machinery of state election law operated as designed. There is no basis for the federal government to challenge that result," Democracy Docket reported on Nov. 14. The UCLA brief invoked the laches doctrine, arguing the DOJ waited unreasonably late to sue, and noted courts cannot speculate on voter intent after ballots are cast.
What comes next?
The Alaska Division of Elections is scheduled to conduct ranked-choice tabulation on Nov. 18 and certify the election on Nov. 25. Unofficial tallies show Democrat Mary Peltola leading Sullivan with 48.2% against 47.9%, while Republican senators have threatened to delay seating her if certified.
