Alaska judge orders DOJ to answer new dismissal bids before election
The Department of Justice must file its response by 1 p.m. Alaska time Friday in a race that could decide the Senate majority.
By Charlotte Dubois ·
Federal Judge Sharon Gleason in Anchorage ordered the Department of Justice to respond to new motions to dismiss its lawsuit by 1 p.m. Alaska time on Friday. The suit seeks to delay the certification of Alaska's U.S. Senate election results due to voter confusion caused by two candidates named Dan Sullivan.
The DOJ amended its civil complaint on Thursday to add a new legal claim under the Supremacy Clause of the U.S. Constitution. This move forced Gleason to declare the previous dismissal motions moot. The judge also set a deadline for state election officials, the campaign of Democratic nominee Mary Peltola, and other groups to reply to the DOJ's response by noon Saturday.
The original lawsuit was filed on Oct. 23. The amended complaint includes details from a New York Times article published Wednesday. The report stated that Peltola campaign aides and senior staff at the Democratic Senatorial Campaign Committee helped recruit retired school teacher Daniel J. Sullivan to run. The Peltola campaign and the DSCC deny involvement in the retiree's campaign.
Peltola's campaign filed a motion on Thursday arguing the DOJ lacks legal authority to block certification. The motion stated, "Rather than defend its indefensible legal claims as it was ordered to do, the Department of Justice .. has filed an Amended Complaint that does nothing to address the fatal problems that preclude it from bringing this case or obtaining the relief that it seeks." The campaign added that the Constitution leaves federal election regulation to the states and Congress.
State election officials filed a separate motion asserting the amended lawsuit relies on the National Voter Registration Act. They argued that act governs voter registration, not the conduct of the election itself. The officials noted, "Because this reading of the NVRA fails, the amended complaint fails."
Alaska uses ranked choice voting in this race. If no candidate receives more than 50% of the vote in the first count, the fourth-place finisher is eliminated and those ballots are reallocated. Only Peltola and incumbent Sen. Sullivan are expected to draw large shares of the vote. Republicans currently hold 53 seats in the 100-member Senate.
Gleason's order leaves open the possibility she will rule on the dismissal motions before Tuesday's Election Day. Both the state and Peltola's campaign have requested a decision by that date.
