Judge rules federal case over Alaska Senate race moot after early voting

A federal judge on Sunday dismissed a lawsuit filed by the U.S. Department of Justice that sought to block the certification of Alaska’s U.S. Senate race if Republican incumbent Dan Sullivan loses.

The court action came less than two weeks before the Tuesday election, with early voting already underway in the state. The race pits Sullivan, an ally of President Donald Trump, against former U.S. Rep. Mary Peltola. Control of the Senate is at stake in this contest, which includes ranked-choice voting.

The ballot also lists a retired teacher named Daniel J. Sullivan Jr., a candidate who has campaigned minimally. Republicans argued that the presence of this second Sullivan was intended to confuse voters and that Peltola’s campaign recruited him. A New York Times report based on texts and finance documents suggested that an operative paid by a group backing Peltola worked to recruit decoy candidates.

Judge Sharon Gleason of the U.S. District Court found the relief sought by the United States to be infeasible. She noted that many voters had already cast their ballots and that these votes had been commingled to the point where the identity of the person casting each ballot could not be determined.

Gleason wrote that the government provided no workable plan to segregate Election Day ballots for Daniel J. Sullivan and then conduct an investigation while preserving voter secrecy. The state of Alaska argued the case lacked merit, stating that determining voter intent without violating privacy was impossible.

Sullivan said he doubted claims by Peltola that she was unaware her top aides were involved in recruiting the other Sullivan. “There is no way this went on for a year that they weren’t informing her,” Sullivan told CNN’s “State of the Union” two days before the election. He added that he was sure he would lose votes to what he called trickery.

Peltola has denied involvement and called the attention a distraction from high prices caused by the war in Iran. Before a Friday rally, she told KTUU, “I have no idea. I honestly have no idea,” when asked if it was possible someone on her campaign was involved. The Democratic Senatorial Campaign Committee also denied involvement.

President Trump ordered the Justice Department to file the lawsuit and called for the Democratic candidate to be prosecuted after the media report. Federal agents in Alaska issued subpoenas in the case. The state’s Republican governor ordered his own investigation and suggested he might not certify a Peltola victory.

Senate Majority Leader Tim Scott said on NBC’s “Meet the Press” that criminal charges might make sense, noting that it is criminal for candidates to work in collusion to confuse voters. Rep. Jamie Raskin of Maryland called the strategy “stupid politics” but agreed it is not illegal. Sen. Bernie Sanders said the move seemed “pretty dumb” but noted it happens in every election.

Sullivan said he would let lawyers determine whether crimes were committed and that he would accept the results of the election. He spent Saturday night handing out candy at a trunk-or-treat event in Anchorage, where he joked that his costume was the real Dan Sullivan.