Judge tosses DOJ suit over Alaska ballot

Federal Judge Sharon Gleason dismissed a lawsuit filed by the Department of Justice on Sunday, Nov. 1. The suit sought to block the state from certifying the results of the Alaska Senate race if Republican candidate Dan Sullivan lost. This decision comes with only one day remaining before Election Day on Tuesday, Nov. 3.

The Department of Justice argued that a second candidate named Dan J. Sullivan was confusing voters. The agency requested an investigation to determine if votes cast for the retired teacher were intended for the incumbent senator. Alaska state officials opposed the move, stating that the government had no practical way to separate the ballots without violating voter privacy.

In her written ruling, Gleason stated that the government's proposed solution was not viable. She noted that many voters had already cast ballots in the primary and early voting processes. The judge wrote that the United States did not offer a workable plan to separate ballots issued for Daniel J. Sullivan and then conduct an unspecified investigation while preserving the secrecy of the vote.

The Department of Justice announced shortly after the ruling that it would appeal the decision. A spokesperson for the agency said in a statement that Alaska voters deserve a fair election rather than being deceived in an attempt to rig the results. The department argued that while the judge dismissed the case on procedural grounds, she did not refute the government's claim that Dan J. Sullivan entered the race as a frivolous candidate to confuse voters.

Mary Peltola, the Democratic candidate, welcomed the ruling. Her campaign stated that a simulated investigation by a Department of Justice acting as a weapon would not stop Alaskans from choosing her. The campaign referenced a federal probe announced after President Donald Trump said last week that he wanted Peltola prosecuted.

Devan Barber, executive director of the Senate Democratic Campaign Committee, called the decision a victory for democracy. He stated that the ruling sends a clear message that no one can cancel a free and fair election simply because they dislike the outcome. The NAACP Legal Defense Fund also supported the dismissal, with legal director Kristen Clarke calling it a major win for voters.

Incumbent Senator Dan Sullivan told CNN on Sunday morning that he expects to lose many votes due to the presence of the other candidate. He described the second Sullivan as a trick and expressed doubt about Peltola's claim that she did not know her top advisors helped recruit the other candidate. Sullivan said, "They caught her lying, and she keeps lying to the people of Alaska."

Dan J. Sullivan, the retired teacher, appeared on the August primary ballot as Daniel J. Sullivan Jr. with no party affiliation. He received approximately 2.5 percent of the vote, which was enough to secure a spot on the general election ballot. Both Sullivans appear with the same description on the current ballot. The state said it took steps to distinguish the two candidates in the voting materials.

The Department of Justice intensified a criminal investigation into the presence of Dan J. Sullivan on the ballot on Thursday, Nov. 1. The FBI has begun contacting donors of the candidate, asking if they were misled about who they were supporting. The state had previously rejected a similar effort by Republicans to remove the candidate from the primary ballot, citing the authority of states to administer elections under the Constitution.