President Donald Trump is calling for votes cast for Republican Gerald Heikes and Daniel J. Sullivan Jr. in Alaska’s tight Senate race to be directly awarded to incumbent Senator Dan Sullivan, a move legal experts say violates the state’s ranked-choice voting rules.
On Thursday, the president took to Truth Social to declare the contest over, writing that the votes for the “Fake Dan Sullivan” and the “other ‘slug'” should be immediately given to the “REAL Dan Sullivan.” Trump’s post, as reported by Newsweek, frames the race as a simple matter of fairness, but it directly challenges the established legal and procedural framework of Alaska’s unique election system.
TO THE GREAT PEOPLE OF ALASKA, GET OUT AND VOTE FOR DAN S. SULLIVAN! Senator Dan S. Sullivan is doing a fantastic job representing the Great State of Alaska! Prior to becoming a very distinguished and Highly Respected Senator, Dan served as State Attorney General and the…
Trump’s Demand and the Reality of Alaska’s RCV System
The president’s proposal to lump together the first-choice votes of Heikes and Daniel J. Sullivan Jr. and transfer them en bloc to Senator Dan Sullivan is not how Alaska’s election works. Under the state’s ranked-choice voting (RCV) system, which was adopted by voters in 2020, the process is designed to ensure a candidate secures a majority of support.
The current unofficial results paint a picture of an incredibly close contest. Democratic incumbent Mary Peltola holds a razor-thin lead, with 102,962 votes (48.2%), to Senator Dan Sullivan’s 102,325 (47.9%). Heikes, a Republican, has 4,846 votes (2.3%), while Daniel J. Sullivan Jr. has 3,600 (1.7%). The 637-vote margin is dwarfed by the 8,446 total first-choice ballots cast for the two trailing candidates, making their supporters’ subsequent rankings the key to the outcome.
As Jeff Feldman, a University of Washington law professor who has litigated extensively in Alaska, told Newsweek, the legal path for Trump’s demand is nonexistent. “No. Alaska law is crystal clear on the proper procedure for tabulating votes,” Feldman stated. He explained that when a candidate is eliminated, their ballots are transferred based on each voter’s next available ranking, not arbitrarily reassigned.
“Some voters will have designated Senator Dan Sullivan as their second choice, and those votes will be added to his tally. Some voters will have designated Mary Peltola as their second choice, and those votes will be added to her tally. And some voters will have declined to designate anyone as a second choice, and those votes will not be added to anyone’s tally.”
Jeff Feldman, University of Washington law professor
Who Is Gerald Heikes? The ‘Slug’ in the Race
Gerald Heikes, a Palmer, Alaska, resident and minister, finds himself at the center of a political firestorm despite his relatively small vote share. A perennial candidate who has run for governor, U.S. Senate, and U.S. House, Heikes finished fifth in the August primary with about 1% of the vote. He secured his spot on the general election ballot after the fourth-place finisher, a Democrat, withdrew.
Heikes told The New York Times that a man approached him about running and offered to help his candidacy, though he could not recall the man’s name. Peltola’s campaign and the Democratic Senatorial Campaign Committee have denied any involvement. With more first-choice votes than Daniel J. Sullivan Jr., Heikes’s 4,846 ballots are a significant factor in the race’s outcome, though only if his supporters’ second choices are counted as intended.
The Legal Tangle Surrounding the Ballot
The presence of two Sullivans on the ballot has been a source of legal and political friction for months. The Alaska Division of Elections initially removed Daniel J. Sullivan Jr., a retired teacher, from the ballot, concluding his candidacy was intended to confuse voters. A state judge reversed that decision, finding election officials lacked the authority to impose a “good faith” candidacy requirement, and the Alaska Supreme Court ultimately allowed him to remain.
The situation escalated after The New York Times reported that individuals connected to Peltola’s campaign and Democratic operatives were involved in efforts to recruit candidates who could siphon support from Senator Sullivan. This led to a federal lawsuit from the Department of Justice, which sought to block certification under certain conditions. The DOJ’s lawsuit was dismissed by a federal judge before Election Day but has since been appealed. Alaska Governor Mike Dunleavy has also ordered a state investigation into the matter.
Why This Matters: A Decisive Wait Until November 18
The stakes for this Senate seat are enormous. Peltola, a former U.S. representative, is attempting to win a seat held by Dan Sullivan since 2015, and the race is among the most closely watched outstanding contests in the nation. For the voters of Alaska, the outcome will determine who represents them in the upper chamber of Congress.
The election is far from over. The state is still counting tens of thousands of ballots, with updates expected on November 10 and November 13. The official ranked-choice tabulation is not scheduled until November 18, with certification targeted for November 25. This means the final count could change the current standings before a single vote is transferred, and the subsequent ranked-choice process will play out as designed.
The potential counter-argument to the current system is that it is overly complex and that the presence of “spoiler” candidates like Daniel J. Sullivan Jr. or Heikes undermines voter intent. Proponents of this view would argue that a simple plurality system would produce a clearer winner sooner. However, this perspective directly clashes with the will of Alaska voters, who chose ranked-choice voting to ensure broader consensus and avoid the “spoiler effect” that has plagued other elections.
President Calls for Vote Reassignment
When asked how unusual it is for a president to call for legally cast votes to be reassigned to another candidate, Professor Feldman offered a telling historical perspective. “I’m not aware of that ever previously occurring. Of course, I’m only 77 years old, so my memory only goes back to 1949.” The sheer novelty of a sitting president making such a demand highlights the extraordinary nature of this political and legal confrontation.
While some of Heikes’s votes may ultimately flow to Senator Sullivan, as the Republican is a common second choice for those voters, it is not a guarantee. The same could be said for Peltola. And some ballots will become “exhausted” if voters did not rank another remaining candidate. The system, however flawed it may seem to some, is designed to respect the nuanced preferences of every voter who participated, not to rewrite the results based on political expediency. The election, for now, remains on a scheduled course, with its final verdict still weeks away.