Judge dismisses DOJ bid to pause Alaska Senate results

U.S. District Judge Sharon Gleason dismissed a Department of Justice lawsuit on Sunday that sought to halt the certification of Alaska's Senate race. The federal government had asked the court to block any result potentially impacted by voter confusion over a third candidate sharing the name of the Republican incumbent.

The case was filed on Oct. 22, two days before Election Day. The Justice Department argued that if Sen. Dan Sullivan loses but would have won if votes for both Sullivans were counted for him, the state should segregate ballots marked for the challenger. Gleason rejected this plan in a 20-page decision. She stated that the United States provided no workable method to segregate ballots while preserving voter secrecy.

"The United States provides no workable plan as to how it proposes to segregate ballots cast for Daniel J. Sullivan on Election Day and then conduct a court-ordered unspecified 'investigation' of those ballots in a manner that would preserve voter secrecy," Gleason wrote.

The Alaska Department of Law called the federal proposal half-baked. The state argued that an investigation was impossible because ballots do not carry voters' names and are commingled in boxes to protect privacy. The Division of Elections noted that the ballot already distinguishes the candidates by listing the incumbent as Dan S. Sullivan and the challenger as Daniel J. Sullivan, Jr. with no party affiliation.

President Donald Trump ordered the lawsuit after claiming for months that a second Dan Sullivan on the ballot would confuse voters. The president and other Republicans have described the challenger, a retired teacher in Petersburg, as a sham and a hoax. The Alaska Supreme Court ruled this summer that the Petersburg man has the right to appear on the ballot.

Beyond the lawsuit, U.S. Attorney Michael Heyman said Friday that the federal government is investigating whether a crime occurred. He pointed to a New York Times report alleging that Democratic operatives recruited spoilers to help Mary Peltola. Peltola denies the campaign manager who made the comments was speaking for her. Heyman said there is a surge in FBI resources to ensure election integrity.

A poll released Friday shows Peltola leading the senator by two percentage points. The challenger is projected to receive more than 4% of the vote. The challenger has raised about $20,000 and carries a $30,000 debt, with most contributions coming from residents of Petersburg.