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America October 26, 2026 5 mins read

Trump Justice Department Sues to Block Alaska Senate Certification, Asks Court to Toss 20,000 California Ballots Eight Days Before Midterms

America ı By Derek Johnson

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Trump Justice Department Sues to Block Alaska Senate Certification, Asks Court to Toss 20,000 California Ballots Eight Days Before Midterms

WASHINGTON, D.C. — With just eight days left before the November 3 midterm elections, the Trump administration is fighting on two legal fronts over how votes are counted, asking a federal appeals court to set aside as many as 20,000 California mail ballots and defending a Justice Department lawsuit that could block certification of Alaska's Senate race if Republican Sen. Dan Sullivan loses.

The twin disputes, which surfaced in Sunday-morning political coverage on October 26, have turned the final stretch of the campaign into a test of how far the federal government can go in policing state-run elections, and they have drawn sharp criticism from Democrats and at least one prominent Republican.

California: 20,000 Mail Ballots in Question

A federal appeals court is weighing the administration's request to set aside as many as 20,000 California mail ballots tied to voters the Justice Department suspects may be noncitizens. According to reporting on the hearing, two of the three judges on the panel appeared skeptical of the government's case, questioning the timing of the lawsuit, whether the court has jurisdiction, and whether the federal government is improperly directing the actions of state officials.

California officials say the list the government is relying on is unreliable. The panel has said it will rule quickly, a necessity given that ballots are already being cast and counted across the state.

Federal law already prohibits noncitizens from voting in federal elections, and states maintain procedures to verify eligibility. The legal question before the court is not whether noncitizen voting is illegal, but whether the Justice Department can ask a judge to set aside specific ballots on the strength of a list state officials say is flawed, just days before Election Day.

Alaska: A Lawsuit Over Two Dan Sullivans

In Alaska, the Justice Department has sued to stop state officials from certifying the Senate results if incumbent Republican Sen. Dan Sullivan loses to Democrat Mary Peltola. The suit targets an independent candidate who is also named Dan Sullivan and who appears on the state's ranked-choice ballot.

The administration argues the lawsuit addresses possible voter confusion, contending that the second candidate's name is meant to mislead voters and help Peltola. Attorney General Todd Blanche defended the case in a Sunday television interview on CBS.

Peltola has called the lawsuit "flagrant corruption." Republican Sen. Lisa Murkowski, a frequent independent voice within her party, has also criticized the case. Separately, Peltola reported "minor injuries" from a car crash and rescheduled several campaign events.

Why the Stakes Are So High

Control of Congress is on the line. Republicans hold a 53-seat Senate majority, with 35 seats up for election this year. Fox News rates Alaska, Iowa, Maine, Michigan, Ohio and Texas as toss-ups in the Senate. In the House, Fox News' own power rankings project that Republicans would still lose the chamber even with a good showing, while Speaker Mike Johnson said on Fox News Sunday that polls are undercounting Republican support.

In a close Senate map, a single contested state can decide the majority. That is why a legal fight that could delay or block certification in Alaska carries national consequences, and why election-law experts watch such filings closely. Courts have traditionally been wary of last-minute federal interventions in state election administration, and the ranked-choice system Alaska uses adds another layer of legal complexity.

The Political Fallout

Democrats have seized on the lawsuits as evidence that the administration is attempting to put a thumb on the scale. House Minority Leader Hakeem Jeffries posted on social media: "Enough with the MAGA extremism wrecking our country." The Republican National Committee, through spokesperson Natalie Baldassarre, countered that the Democratic agenda would "fundamentally change every aspect of our lives."

Republicans and administration officials frame the actions as protecting election integrity and preventing voter confusion, an argument that resonates with many conservative voters worried about noncitizen voting and ballot access. Critics respond that the timing, so close to the election, and the reliance on contested data raise questions about motive and about the rights of legitimate voters whose ballots could be caught in the dragnet.

A Packed Campaign Calendar

The legal skirmishes are unfolding alongside an intense campaign schedule. Trump has campaigned nearly every day this month and said in early October that he planned five to seven rallies a week. He has events planned in Mississippi and Texas this week, while Vice President JD Vance is also rallying Republicans. Former President Barack Obama and former Vice President Kamala Harris are on the trail for Democrats.

What It Means for Americans

For voters, the practical message is to cast ballots early and double-check registration details. Early voting begins in Washington, D.C. today, in Oklahoma on Wednesday and in Kentucky on Thursday. For the broader public, the rulings expected from the appeals court in California, and any decision in the Alaska case, will help define the limits of federal power over state-run elections for years to come.

If the appeals court sides with California, as the skeptical questioning suggests it may, the administration's California effort would be sharply curtailed. The Alaska case is at an earlier stage, and its outcome could hinge on whether a judge views a same-name independent candidate as a genuine ballot-design problem or as an unusual basis for delaying a Senate certification. Either way, with eight days to go, both fights guarantee that the legal aftermath of November 3 could be as closely watched as the voting itself.

This is a developing story and will be updated as courts rule.

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