The battle for control of Congress entered its final campaign weekend as President Donald Trump’s administration pursued a criminal investigation into Alaska’s pivotal U.S. Senate race and said Saturday it would likely take a dispute over thousands of California mail-in ballots to the Supreme Court.
In Alaska, federal prosecutors are investigating whether aides to Democratic challenger Mary Peltola helped recruit a retired schoolteacher, Daniel J. Sullivan Jr., to run because his name is similar to Republican incumbent Senator Dan S. Sullivan.
The closely contested race is crucial to Democrats' hopes of taking the Senate in Tuesday's election.
It is one of 35 Senate races, along with all 435 House seats, that will decide whether U.S. President Donald Trump's Republicans keep control of Congress for the next two years.
Republicans hold a 53-47 Senate majority and a narrow edge in the House.
Early voting has set a record. More than 51 million Americans have already cast ballots in person or by mail, according to the University of Florida's Election Lab, up from nearly 46 million who voted before Election Day at the last midterms in 2022.
In California, a federal appeals court this week ruled 2-1 that the Justice Department had failed to justify its emergency bid to force the state to set aside mail ballots from more than 20,000 registered voters it alleges are likely noncitizens.
"I hesitate to give a final answer, but I think probably the Supreme Court is next on this one," acting Deputy Attorney General Trent McCotter told Fox News Saturday, adding that any request for Supreme Court consideration would come before Tuesday's election.
U.S. President Donald Trump has been on a campaign blitz in multiple states over the past month but is spending Saturday at his Mar-a-Lago Club in Palm Beach, Florida. He returns to the campaign trail Sunday in Kansas and Iowa.
The Justice Department's top prosecutor in Alaska, U.S. Attorney Michael Heyman, said at a Friday news conference that a recent New York Times article, which reported an effort to recruit Daniel J. Sullivan Jr., drove a "surge" of FBI resources to the case.
Heyman said he assigned several prosecutors to it and that investigative steps proceeded "intensely and swiftly."
Peltola and the campaign committee have denied involvement in any effort to recruit the second Sullivan. The retired teacher has denied coordinating with Peltola's campaign.
Voters in Alaska have largely dismissed the fight over the ballot.
"I knew which Dan Sullivan was which Dan Sullivan, you know? It is very clear on the ballot," Anchorage resident Mickey Buster, 36, said as he stood outside a polling place Saturday.
But another Anchorage voter, Carol Riggs, 52, said she was disappointed by the entire situation and the possibility it "muddies the water for some voters, potentially."
In Michigan, where Democrat Abdul el-Sayed faces Republican Mike Rogers in another closely watched Senate race, el-Sayed's feud with the rival he beat in the primary, U.S. Representative Haley Stevens, flared again.
El-Sayed's campaign asked Stevens to skip his events through Election Day so as "not to distract from the central issues of the campaign," a person familiar with the matter said.
Stevens has backed el-Sayed but demanded he condemn an outside group's ad blaming Israel for high grocery prices and apologize for past rhetoric about Israel.
"It is certainly unhelpful to the el-Sayed campaign to have continued visible division within the party just before Election Day," said Matt Grossmann, a political scientist at Michigan State University. Polls show el-Sayed has largely consolidated Democratic support.
The administration, beyond its bid to block the counting of ballots from more than 20,000 California voters it alleges are likely noncitizens, has sued roughly 30 states and the District of Columbia seeking unredacted voter rolls.
The legal maneuvers have alarmed state election officials. Under the Constitution, states have primary authority over how states run elections.
On Friday, a federal judge ordered the Justice Department to stop threatening to prosecute California election officials who defy its directives.
California Gov. Gavin Newsom, a Democrat, on Saturday warned the state's top federal judges that the Justice Department may seek warrants to seize ballots before results are certified, though he said he did not know of any pending request.
Newsom said in a letter to the judges that the only reason to seize ballots "would be to interfere" in the count.
Sean Morales-Doyle of the Brennan Center for Justice said the efforts, while unlikely to win in court, aim at "creating uncertainty, sowing fear, distrust, chaos," in hopes of pressuring officials such as Alaska's lieutenant governor "to do something that they are not supposed to do."
Even so, 76% of U.S. voters are confident their ballots will be counted accurately, according to a Reuters/Ipsos poll conducted from Sept. 30 to Oct. 5, with confidence about equally high among Republicans and Democrats.
