By Luc Cohen
Oct 26 (Reuters) – Mary Peltola, the Democratic candidate for US Senate in a pivotal Alaska race that could determine control of the chamber, asked a federal judge to dismiss the Trump administration’s lawsuit seeking to block the state from certifying results if the Republican incumbent candidate loses narrowly.
The Department of Justice’s lawsuit, filed in federal court in Alaska last week, signals the willingness of President Donald Trump’s administration to contest the results of the November 3 midterm elections, with his fellow Republicans battling to retain narrow majorities in both chambers of the US Congress.
In a court filing late on Sunday, lawyers for Peltola’s campaign said the lawsuit — which alleged voters could be confused because two Republicans on the ballot have almost identical names — marked an unlawful attempt by the federal government to intervene in election administration, a responsibility the US Constitution assigns to the states.
“DOJ’s complaint is wholly baseless. The fact that DOJ nonetheless chose to file it raises profound constitutional concerns,” wrote lawyers for Peltola’s campaign and the Democratic Senatorial Campaign Committee.
US Attorney General Todd Blanche told CNN’s “State of the Union” program on Sunday the lawsuit was filed to help officials determine whether any voter confusion violated the law.
“President Trump is not trying to take over a state election in any way, shape, or form,” Blanche said.
It is not yet known when US District Judge Sharon Gleason, an appointee of Democratic President Barack Obama, may rule on the case, though Peltola’s campaign requested that she dismiss it this week. Election law experts said the lawsuit has no merit and seeks relief not allowed under federal law.
Peltola, who previously represented Alaska in the US House of Representatives, is challenging incumbent Republican Senator Dan S. Sullivan in a tight race.
The Justice Department alleged that another Republican contender in the race, Dan J. Sullivan Jr., is trying to mislead supporters of the Republican senator into voting for him.
Dan J. Sullivan has denied that his aim is to cause confusion. The Alaska Supreme Court in June permitted him to appear on the ballot.
(Reporting by Luc Cohen in New York; Editing by Noeleen Walder and Bill Berkrot)
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