Federal judge throws out DOJ bid to block Alaska Senate certification

U.S. District Court Judge Sharon Gleason dismissed a federal lawsuit on Sunday that sought to prevent the certification of Alaska's U.S. Senate race if Republican incumbent Dan Sullivan loses. The decision clears the path for Tuesday's ranked-choice election, which will determine control of the Senate for the final two years of President Donald Trump's term.

The Justice Department filed the suit less than two weeks before the election, while early voting was already under way. The complaint asked for an investigation into whether votes cast for retired teacher Dan J. Sullivan were intended for the senator. State officials argued the case lacked merit and noted that determining voter intent would likely violate ballot secrecy.

In her written order, Gleason described the relief the federal government sought as infeasible because many voters had already cast their ballots. She stated that the United States provided no workable plan to segregate ballots cast for Daniel J. Sullivan on Election Day and then conduct an unspecified investigation while preserving voter secrecy. She also cited the Constitution's grant of election authority to states and the Supreme Court's Purcell principle, which discourages federal courts from changing election rules close to an election.

The Justice Department said it plans to appeal the ruling. A department spokesperson stated in a written statement that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. Peltola's campaign and the Democratic Senatorial Campaign Committee argued the case amounted to election interference. Devan Barber, the committee's executive director, called the ruling a victory for democracy and a message that no one can toss out free and fair elections simply because they dislike the result.

The ballot controversy centers on two candidates sharing the same name. Dan J. Sullivan, a retired teacher, received about 2.5 percent of the vote in the August primary, enough to secure a spot on the general election ballot. Senator Sullivan, an ally of President Trump, has spent months portraying the other candidate as a sham intended to confuse voters. He said on Sunday that he is sure he will lose a lot of votes to the situation. He also questioned claims by Democrat Mary Peltola that she was unaware her top aides were involved in recruiting Dan J. Sullivan to run.

Peltola, a former congresswoman, said during a recent campaign event that she is not interested in tricking voters. Her campaign later said it had no involvement in the campaigns for either Sullivan. The New York Times reported in the week before Election Day that Peltola's campaign was involved in efforts to recruit the second Sullivan, a claim Dan J. Sullivan denied in June. He has not responded to multiple messages seeking comment in recent days.

State courts, including the Alaska Supreme Court, previously rejected Republican-backed efforts to remove Dan J. Sullivan from the primary ballot. The state said it took steps to distinguish the two candidates on the ballot, such as providing biographies in election pamphlets. The Republican governor has ordered an investigation into the matter and suggested he may not certify a possible Peltola victory.

On Thursday, the Justice Department escalated a criminal investigation into the presence of Dan J. Sullivan on the ballot by issuing new grand jury subpoenas. The FBI began contacting people who donated to him, with some donors reporting that agents asked if they had been misled about which candidate they were supporting.