A closely contested Senate race in Alaska could take an extraordinary turn, with the U.S. Senate itself potentially deciding the winner, a leading election law expert warned Friday.
Rick Hasen, a CNN contributor and professor of law and political science at UCLA, outlined the unusual possibility during an appearance with CNN’s Brianna Keilar, as questions swirl over whether Alaska’s Republican governor could withhold certification of the election results.
“If it's really disputed, it could end up getting decided by the United States Senate, which is the ultimate arbiter of who's won each of these elections,” Hasen said.
The uncertainty centers on Alaska’s closely watched Senate race, where Democratic candidate Mary Peltola is challenging Sen. Dan Sullivan (R-AK). Another candidate with the same name as the incumbent has complicated the contest.
Hasen said Friday that a close result could trigger a legal battle, particularly if the second Sullivan receives more votes than the margin separating the leading candidates.
“I don't know that the governor really would have the power to stop certification,” Hasen said, noting that a dispute could first play out in state or federal court.
But if the fight remains unresolved when senators are sworn in at the beginning of next year, an extraordinary scenario could unfold.
“It could be the United States Senate that ends up resolving this dispute,” Hasen said. “It doesn't happen often, but the Senate itself could convene a subcommittee and decide who the winner of the election is.”
“Amazing,” Keilar responded.