Judge Blocks Federal Effort to Halt Alaska Senate Certification

Federal Judge Sharon Gleason dismissed a lawsuit filed by the U.S. Department of Justice on Sunday. The suit sought to block the certification of Alaska’s U.S. Senate race if Republican incumbent Dan Sullivan loses to Democrat Mary Peltola. The ruling clears the path for the state to certify the winner of the Nov. 3 ranked-choice election without federal interference.

The legal battle centered on the presence of two candidates with the same name on the ballot. The incumbent is listed as Dan S. Sullivan. A retired teacher running as an independent is listed as Dan J. Sullivan. The Justice Department argued that the similar names would mislead voters and asked for an investigation into whether votes cast for the retired teacher were intended for the senator. The state and Peltola’s campaign contended that the lawsuit lacked merit and would violate voter privacy.

Gleason, who was appointed by former President Barack Obama, found the government’s requested relief to be infeasible. She noted that many voters had already cast their ballots before the lawsuit was filed. The order stated that the United States provided no workable plan to segregate ballots cast for Daniel J. Sullivan and then investigate them while preserving voter secrecy. Gleason also cited the Purcell principle, which advises against changing election rules close to Election Day.

The Justice Department said it plans to appeal the decision. A department spokesperson stated that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The department filed the lawsuit less than two weeks before the general election. At the time, early voting was already underway.

Sen. Sullivan, an ally of President Donald Trump, has long argued that the second Sullivan’s presence on the ballot is a strategy to siphon votes. In a Sunday interview with CNN, Sullivan said he is sure he is going to lose a lot of votes to that trickery. He also questioned claims by Peltola that she was unaware her aides were involved in recruiting the retired teacher. Sullivan stated that Peltola got caught lying and is still lying to the Alaskan people.

Peltola’s campaign and the Democratic Senatorial Campaign Committee called the dismissal a victory for democracy. Devan Barber, the committee’s executive director, said the ruling sends a message that no one can toss out free and fair elections just because they do not like the result. The campaign responded to earlier reports about its involvement in recruiting Dan J. Sullivan by saying it had no role in the other candidate’s bid.

The New York Times reported in the week before Election Day that Peltola’s campaign was involved in efforts to recruit Dan J. Sullivan. The retired teacher said in June that he had no contact with the campaign about running. Dan J. Sullivan received about 2.5% of the vote in the August primary, which was enough to place him in the top four for the general election. State courts previously rejected attempts to block him from the primary ballot.

Alaska Department of Law attorneys argued that the state had taken steps to distinguish the two candidates on the ballot. They pointed to state-distributed election pamphlets that provide candidate biographies. The state also noted that voters could ask for help at polling places. The Republican governor has ordered an investigation into the matter and suggested he may not certify a possible Peltola victory.

The Justice Department escalated its involvement in the race by issuing new grand jury subpoenas on Thursday. The move expanded a criminal investigation into the presence of Dan J. Sullivan on the ballot. The FBI has also contacted people who donated to the retired teacher. Some donors told The Associated Press that agents asked if they had been misled about which candidate they were supporting.

Kristen Clarke, general counsel of the NAACP, called Gleason’s decision a big win for voters in Alaska. The organization filed a brief supporting the dismissal of the case. Clarke described the Justice Department’s lawsuit as a baseless, eleventh-hour attempt to hijack the midterm election.