Alaska Senate Ballot: Judge rejects federal bid to halt certification

U.S. District Court Judge Sharon Gleason dismissed a lawsuit filed by the Justice Department on Sunday. The suit sought to block certification of the Alaska U.S. Senate race if Republican incumbent Dan Sullivan loses to Democrat Mary Peltola. The case emerged in the final days of a closely watched contest that will determine Senate control for the remainder of President Donald Trump’s term.

The legal challenge centered on the presence of retired teacher Dan J. Sullivan on the ranked-choice ballot. He shares his first and last name with the incumbent. The Justice Department filed the suit less than two weeks before the November 3 election. Early voting was already underway when the complaint was lodged. The government requested an investigation to determine if voters intended their ballots for the senator rather than the retired teacher.

Gleason wrote that the relief sought was infeasible because many voters had already cast their ballots. She noted that the United States provided no workable plan to segregate ballots for Daniel J. Sullivan and conduct an unspecified investigation while preserving voter secrecy. The judge also cited the Constitution, which grants states authority to run elections, and the Purcell principle, which advises against changing election rules close to Election Day.

Shortly after the ruling, the Justice Department filed a notice of appeal. A department spokesperson stated that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The department claimed the judge dismissed the case on procedural grounds without disputing the argument that Dan J. Sullivan entered the race as a frivolous candidate.

Senator Dan Sullivan told CNN on Sunday that he expected to lose a lot of votes to the other candidate. He described the situation as trickery and doubted Peltola’s claim that her top aides were not informing her about the recruitment of Dan J. Sullivan. Sullivan stated that Peltola got caught lying and is still lying to the Alaskan people and the media.

Peltola’s campaign argued the federal case lacked legal basis and amounted to election interference. Devan Barber, executive director of the Democratic Senatorial Campaign Committee, called the ruling a victory for democracy. The NAACP, which filed a brief supporting dismissal, described the decision as a big win for voters. Kristen Clarke, the general counsel of the NAACP, said the law is clear and the Justice Department’s case was a baseless, eleventh-hour attempt to hijack the midterm election.

State courts previously rejected a Republican-backed effort to block the retired teacher from the August primary ballot. Dan J. Sullivan received about 2.5% of the primary vote, which was enough to qualify for the general election. The Alaska Department of Law called the federal suit meritless and noted the state took significant steps to distinguish the two candidates. On Thursday, the Justice Department escalated a criminal investigation by issuing grand jury subpoenas. The FBI has contacted some donors to Dan J. Sullivan to ask if they were misled about which candidate they supported.