A federal judge has dismissed the Justice Department’s lawsuit seeking to delay certification of Alaska’s Senate election and investigate ballots cast for one of two candidates named Dan Sullivan. Judge Sharon Gleason ruled that the federal government could not require the state to set aside particular ballots. The department said it would appeal, leaving ballot handling and certification under scrutiny ahead of a closely contested Senate race.
Judge cites ballot secrecy and lack of a workable plan
The Justice Department argued that Daniel J Sullivan’s name could be confused with that of incumbent Republican Sen. Dan S Sullivan, potentially diverting votes from the sitting senator. It asked Alaska to separate and investigate votes for Daniel J Sullivan in the three-way contest.
Gleason said the federal government had not explained how those ballots could be identified on Election Day or proposed a clear investigation process that would protect ballot secrecy. With the midterm election only days away, voters had already cast ballots early or by mail, she added, making the requested steps too late.
The court ruled that the department lacked authority to force Alaska to separate and investigate ballots in the race. The Justice Department said the case was dismissed on procedural grounds and that the ruling did not reject its claim that Daniel J Sullivan was running to confuse voters. It said it would appeal.
Two candidates named Sullivan fuel dispute
Incumbent Dan S Sullivan, a Republican, is seeking re-election. Daniel J Sullivan is an unaffiliated candidate with less name recognition. He has said he has voted for both Democratic and Republican candidates in the past. The Justice Department’s statement referred to him as “Decoy Dan,” but the court’s ruling does not require the state to give his ballots special treatment.
The incumbent and his allies have accused Democrats of trying to confuse voters. Discussing the lawsuit last month, President Donald Trump said he had directed the Justice Department to bring the case and called Daniel J Sullivan “fake.”
Peltola denies knowledge of alleged effort
The dispute intensified last week after reports that members of Democratic candidate Mary Peltola’s team had worked with people seeking to recruit a “spoiler” candidate. Peltola denied knowing about the alleged plan. Gleason’s ruling addresses the federal government’s authority and the procedures for investigating ballots; it does not determine whether candidates coordinated.
Alaska’s Senate contest is considered one of the midterm election’s most competitive races. The elections will determine control of Congress, putting the outcome of the Senate race in focus. With the Justice Department preparing an appeal, ballot secrecy, the state’s authority to administer its election and certification under the established process remain central concerns for voters and campaigns.