The Trump administration filed a federal lawsuit last week aimed at preventing the certification of the result if the Trump-backed Sullivan loses, arguing that the presence of both of them on the ballot could confuse voters.
Some legal experts expressed scepticism of the merits of the lawsuit, and their chances of success given Alaska’s courts had already allowed the second Sullivan to remain on the ballot.
The actual legal arguments the justice department made were a “frivolous theory,” Rick Pildes, an election law expert at New York University, told the BBC.
He noted the lawsuit did not cite a specific provision that the government wanted to enforce, merely a general preamble taken from a sweeping US voting law.
Alaska election officials asked a federal court to dismiss the lawsuit “because the complaint has no legal basis”.
The justice department has pledged continued action in the wake of the New York Times’ reporting.
“They are cheating, let’s call it what it is,” Attorney General Todd Blanche said on Fox News on Wednesday.
In a series of Truth Social posts, Trump too pointed to the report and made a variety of allegations against Peltola, who he argued should be removed from the ballot. He repeated his endorsement for Dan S Sullivan, the incumbent Republican senator, writing: “Dan is a GREAT man, has ALWAYS delivered for Alaska.”
Alaska’s ranked-choice voting system means that voters could select both Sullivans if they are unsure at the ballot box.
The battle threatens to delay the full picture of nationwide results following the midterm elections. The ultimate question of which party controls Congress will have a significant bearing on the remaining two years of Trump’s presidency.
A statement from an Alaskans for Mary spokesperson, written prior to Dunleavy’s call for an investigation, said: “Mary got in this race because Alaskans deserve a champion who is fighting to lower their costs and put Alaska first, and no tweet or threat from any DC politician will keep her away from that fight.
“The Alaskans for Mary campaign has no involvement with either Sullivan campaign.”
In a statement given to US media, the DSCC likewise denied that it had been involved in any such scheme.
Peltola earlier this week paused campaigning activities in order to recover after she and her family sustained “minor injuries” in a car crash.