Federal judge blocks DOJ from blocking Alaska Senate results if Republican loses
The Justice Department plans to appeal a ruling that dismissed a lawsuit filed over a same-named candidate on the ballot.
By Jonathan Hoffmann ·
A federal judge dismissed a lawsuit filed by the U.S. Department of Justice on Sunday, clearing the way for the certification of the Alaska Senate race even if Republican candidate Dan Sullivan loses. The decision resolves a legal challenge that sought to prevent the state from certifying the election results if the incumbent senator falls short.
The case centered on the presence of a second candidate named Dan J. Sullivan on the ballot. The Justice Department argued that the retired teacher, who shares the same name as the senator, was a decoy intended to confuse voters and siphon votes away from the Republican. The lawsuit requested an investigation to determine if ballots cast for the retired teacher were actually intended for the senator.
Judge Sharon Gleason ruled that the government's proposed solution was not viable because many voters had already cast their ballots in the advance voting period. She wrote that the United States had not provided a feasible plan for separating the ballots while preserving the secrecy of the vote. The judge also cited the Purcell principle, which generally discourages federal courts from changing election rules shortly before an election.
The Justice Department announced shortly after the ruling that it would appeal the decision. A spokesperson for the agency stated that Alaskan voters deserve a fair election rather than being deceived in an attempt to rig the results. The department maintained that while the case was dismissed on procedural grounds, the judge did not refute the argument that the second Sullivan entered the race as a frivolous candidate to confuse voters.
Senate candidate Mary Peltola, a former Democratic congresswoman, and her allies celebrated the ruling. Devan Barber, executive director of the Senate Democratic Campaign Committee, said the decision was a clear message that no one can override free and fair elections simply because they dislike the outcome. Peltola's campaign stated that a bogus investigation would not stop Alaskans from choosing her in the November 3 general election.
The race uses a ranked-choice voting system and includes two other candidates who have campaigned minimally. Dan J. Sullivan, the retired teacher, received approximately 2.5% of the vote in the August primary, which was enough to secure a spot on the general election ballot. The state of Alaska argued that the case lacked merit and that there was no way to resolve the issue without violating voter privacy. The state noted it had taken steps to distinguish the two candidates on the ballot and in voter information packets.
The Department of Justice intensified a criminal investigation into the second Sullivan's presence on the ballot on Thursday, issuing a series of grand jury subpoenas. The FBI has contacted donors of the candidate, asking if they were misled about who they were supporting. Trump posted on social media on Sunday that the "fake" Daniel J. Sullivan, Jr. had disappeared and that no one, including police authorities, could find him.
