Federal Court Clears Path for Alaska Senate Certification

A federal judge in Juneau dismissed a lawsuit filed by the Department of Justice on Sunday, clearing the way for the certification of the Alaska Senate race. The decision removes a legal barrier that the executive branch sought to place on the state’s ability to count votes cast in the upcoming election.

The lawsuit was filed with less than two weeks remaining before the November 3 general election. It asked for an investigation into whether ballots cast for retired teacher Dan J. Sullivan were actually intended for incumbent Republican Senator Dan S. Sullivan. The state of Alaska argued the case lacked merit and that separating the votes would violate voter privacy.

Judge Sharon Gleason, who was appointed to the bench by former President Barack Obama, ruled that the government’s proposed solution was not viable. Many voters had already cast ballots in the ongoing early voting period. Gleason wrote that the United States had no workable plan to separate the ballots for Daniel J. Sullivan and conduct an unspecified investigation while preserving the secrecy of the vote.

The Department of Justice announced it would appeal the ruling immediately. A spokesperson stated that Alaskan voters deserved a fair election and should not be deceived in an attempt to rig the results. The department argued that the judge dismissed the case on procedural grounds but did not refute the government's claim that Dan J. Sullivan entered the race as a frivolous candidate to confuse voters.

The dispute centers on the presence of two candidates with the surname Sullivan on the ballot. Senator Sullivan, a Trump ally, has argued for months that Dan J. Sullivan is a fictitious candidate designed to split the vote and help Democratic challenger Mary Peltola. Peltola’s campaign denied involvement in recruiting the second Sullivan, though a New York Times report indicated her advisors had been involved in the process.

Senator Sullivan told CNN on Sunday that he is confident the presence of the second Sullivan on the ballot will cost him votes. He stated that he is sure he will lose many votes because of what he called a trick. The senator also questioned Peltola’s claim that she did not know her top advisors were involved in the recruitment of Dan J. Sullivan.

The Justice Department intensified a criminal investigation into the ballot confusion on Thursday by issuing a series of grand jury subpoenas. The FBI has also begun contacting donors of the second Sullivan candidate, asking them if they were misled about who they were supporting. The state of Alaska said it took significant measures to distinguish the two Sullivans on the ballot and that voters could request assistance if confused.