Judge Rules DOJ Can't Block Alaska Senate Certification If Sullivan Loses
A federal court dismissed the government's effort to delay results over a name-similar candidate, setting up an appeal as voting continues.
By Giulia Marshall ·
Federal Judge Sharon Gleason dismissed a lawsuit filed by the U.S. Department of Justice on Sunday. The suit sought to block the certification of Alaska’s U.S. Senate race if Republican incumbent Dan Sullivan loses to Democrat Mary Peltola. The ruling resolves a legal dispute that has intensified in the final days of one of the nation’s most closely watched contests.
The Justice Department said it plans to appeal the decision. A department spokesperson stated in a written release that Alaskan voters deserve a fair election rather than being misled in an attempt to rig outcomes. The lawsuit was filed less than two weeks before the Nov. 3 election and as early voting was already underway. It called for an investigation into whether votes cast for retired teacher Dan J. Sullivan were intended for the senator.
Gleason wrote in her order that the relief the federal government seeks is infeasible because many voters have already cast their ballots. She noted that the United States provided no workable plan to segregate ballots cast for Daniel J. Sullivan on Election Day and then conduct a court-ordered investigation while preserving voter secrecy. The judge also cited the Constitution, which grants states authority to run elections, and the Supreme Court’s Purcell principle. That principle holds that federal courts should generally avoid changing election rules too close to an election.
The state of Alaska argued the case lacked merit. Attorneys for the Alaska Department of Law, who represented state elections officials, called the federal complaint meritless. They argued there would be no way to determine voter intent without violating privacy. State officials said they had taken steps to distinguish the two Sullivans on the ballot. Voters could ask for help or consult state-distributed election pamphlets to find candidate biographies.
Dan J. Sullivan, a retired teacher, received about 2.5% of the primary vote in August. That share was enough to finish in the top four and qualify for the Nov. 3 ranked-choice election. State courts, including the Alaska Supreme Court, had previously rejected Republican-backed efforts to block him from the primary ballot. He appears on the general election ballot as Daniel J. Sullivan, while the incumbent appears as Dan S. Sullivan.
Sen. Sullivan told CNN on Sunday that he expects to lose a lot of votes to the other candidate. He described the second Sullivan’s presence on the ballot as trickery. The senator also doubted claims by Peltola that she did not know her top political aides were involved in recruiting Dan J. Sullivan. He told the network’s State of the Union program that the senator got caught lying and is still lying to the Alaskan people.
Peltola’s campaign and the Democratic Senatorial Campaign Committee argued the case lacked legal basis and amounted to election interference. Devan Barber, the committee’s executive director, said the ruling is a victory for democracy. He stated that no one, no matter how powerful, can toss out free and fair elections just because they do not like the result. Kristen Clarke, general counsel of the NAACP, called the decision a big win for voters in Alaska. She described the Justice Department’s case as a baseless, eleventh hour attempt to hijack the midterm election.
The Justice Department escalated a criminal investigation into the ballot presence of Dan J. Sullivan on Thursday. The agency issued new grand jury subpoenas, according to a person familiar with the matter. The FBI has begun contacting people who donated to the retired teacher. Some donors told The Associated Press that agents asked if they had been misled about which candidate they were supporting.
The governor of Alaska, a Republican, ordered an investigation into the matter. He has suggested he may not certify a possible Peltola victory. Republicans have a history of backing decoy candidates in elections. The presence of the second Sullivan prompted President Donald Trump to push for the lawsuit out of fear he would siphon votes from the incumbent.
