Judge halts federal bid to freeze Alaska Senate count

More than 86,700 Alaskans have already cast ballots in the U.S. Senate race, a figure that underscores the scale of the election the Trump administration sought to pause. A federal judge ruled Sunday that the government cannot stop state officials from certifying the results if the Republican incumbent loses. The decision effectively clears a major legal hurdle for counting the votes in this contested contest.

U.S. District Judge Sharon Gleason dismissed the lawsuit filed by the Justice Department. She found the federal government lacked the legal ability to bring the suit, which relied on the preamble of the National Voter Registration Act. The administration had argued that two candidates with similar names on the ranked-choice ballot confused voters. Those candidates are incumbent Sen. Dan Sullivan and Daniel Sullivan Jr., an unaffiliated candidate.

Gleason determined that a court order stopping certification would likely violate Alaskan voters' right to a secret ballot. She noted the absence of an explanation from the United States on how its requested relief could fix the alleged injury while maintaining ballot secrecy. "The absence of any explanation from the United States as to how its requested relief could redress its alleged injury while simultaneously maintaining the secrecy of the ballot is telling," Gleason wrote.

The Justice Department plans to appeal the ruling. Spokesperson Kiersten Pels told NPR that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. Voting rights groups supported the decision. Sophia Lin Lakin, director of the American Civil Liberties Union's Voting Rights Project, called the attempt to throw out results before ballots were counted lawless. She described it as a reckless waste of taxpayer money aimed at silencing voters.

President Trump said he ordered the lawsuit because of the similar names on the ballot. Republican allegations that Democrats propped up Sullivan Jr. to spoil the incumbent's chances have persisted. An earlier effort in state court to keep Sullivan Jr. off the ballot failed. In June, the Alaska Supreme Court ruled that Sullivan Jr. has the right to run. Gov. Mike Dunleavy has ordered an investigation and indicated certification may be delayed depending on the findings. He said during an Oct. 30 interview that if wrongdoing is found, certification might be stopped or changed.

U.S. Attorney Michael Heyman stated at an Oct. 30 press conference in Anchorage that an ongoing criminal probe by the Justice Department exists. The Democratic candidate, former Rep. Mary Peltola, has denied any involvement in the controversy. Incumbent Sullivan said in a Sunday interview with CNN's State of the Union that he would accept the election results, win or lose.

Voting continues in Alaska through Tuesday's Election Day. The state's Division of Elections reports that over 86,700 voters have participated in early voting. The race remains closely watched as the final tally approaches.