GOP lawmakers may scheme to keep Peltola out of Senate if she wins

Republicans in Congress are casting doubt on whether they’ll allow Alaska Democrat Mary Peltola to be seated if she wins her Senate race. 

The new comments add to concerns that the GOP, likely at the behest of President Donald Trump, will aim to subvert the results if they lose — though whether such an effort could succeed is unclear. 

Asked on Fox News Sunday if it’s possible Peltola won’t be seated, Rep. James Comer (R-Ky.), chairman of the House Oversight Committee, said, “It’s a big possibility.”

“Under no circumstances should Mary Peltola be seated if she wins an election in a fraudulent manner,” Sen. Tim Sheehy (R-Mt) wrote Saturday on social media.

Sen. Tim Scott (R-SC)  wouldn’t commit to seating Pelola, in comments on Meet the Press Sunday. 

“It actually is a federal offense to confuse voters,” Scott said. “It’s okay to expand the ballot, but it is not okay to confuse the voters.”

Republicans have latched onto the fact that Daniel S. Sullivan, a candidate with a similar name to Sen. Dan Sullivan (R), is also on Alaska’s Senate ballot, claiming it will confuse voters. The Trump administration sued Alaska to block certification of its election results should Peltola win, but a federal court dismissed that lawsuit Sunday*.

The state has clearly distinguished the candidates’ names from each other on the ballot to mitigate confusion, and Alaska’s ranked choice voting would allow voters to select both names, which would further reduce any uncertainty. 

But Alaska Gov. Mike Dunleavy (R), who has called for a criminal investigation into the ballot situation, has also refused to commit to seating Peltola if she wins. 

“If we conclude there were things…that are illegal, we will act on that,” Dunleavy said Thursday on News Nation. “And that may in fact impact whether somebody is seated in the U.S. Senate.”

The governor and lieutenant governor have a legal duty to send certified results to the Senate, according to legal experts. But there are still fears that Trump and the GOP will explore various routes to stymie the process of seating Peltola. 

The  U.S. Senate could theoretically vote to delay Peltola’s swearing in, even if she’s certified, experts say. That would lead to a process whose outcome might depend on which party controlled the chamber.

Asked by a reporter Thursday if Republicans should refuse to seat Peltola, Trump said, “Well, you’re going to have to see what happens.”

CNN’s Jake Tapper asked Sen. Sullivan on State of the Union Sunday if he’d refuse to accept  the results if he loses. 

“No, I’m going to accept the election results,” Sullivan said. “And to all the Alaskan voters watching, get out there and vote. Don’t let this election be stolen.”

*The Elias Law Group (ELG) represents the Peltola campaign and the Democratic Senatorial Campaign Committee in this case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.