Judge blocks federal effort to halt Alaska Senate vote

A federal judge in Alaska dismissed a lawsuit filed by the U.S. Department of Justice on Sunday, clearing the way for the state to certify the results of its Senate race regardless of the outcome.

The government sought a court order to block certification if incumbent Republican Senator Dan Sullivan loses to Democrat Mary Peltola. The case focused on a separate candidate, retired teacher Dan J. Sullivan, who also appears on the ballot under the same first and last name as the senator.

Judge Sharon Gleason, who was appointed by former President Barack Obama, wrote that the relief requested by the United States is infeasible. She noted that many voters have already cast their ballots during the early voting period. Gleason explained that these cast ballots are mixed together to the point where they cannot be matched to specific voters without violating privacy.

The Justice Department filed the lawsuit less than two weeks before the general election. The suit called for an investigation into whether votes for Dan J. Sullivan were intended for the senator. Gleason stated the administration provided no workable plan to segregate these ballots while preserving voter secrecy.

Attorneys for the state of Alaska, Peltola’s campaign, and the Democratic Senatorial Campaign Committee argued the case lacked a legal basis. They contended the suit amounted to federal interference in a state election. State elections officials, represented by the Alaska Department of Law, filed a response describing the federal complaint as meritless.

The state pointed to specific measures taken to distinguish the two candidates. On the August primary ballot, Dan J. Sullivan appeared as Daniel J. Sullivan Jr. with no party affiliation, while the senator was listed as Dan S. Sullivan, Republican and incumbent. On the general election ballot, both names appear the same. Dan J. Sullivan received about 2.5% of the primary vote, securing his spot in the top four candidates for the November 3 ranked-choice election.

State attorneys argued that the ranked-choice system itself resolves potential confusion. Voters can rank the Sullivans as first and second choices. If the voter’s first-ranked Sullivan is eliminated, the vote transfers to the other Sullivan rather than automatically to Peltola, unless the voter explicitly ranks Peltola next.

Peltola’s campaign said it has no involvement with either Sullivan campaign. Peltola stated during a recent event that she is not interested in tricking voters. Dan J. Sullivan said in June that he had no contact with Peltola’s team about running. He did not immediately respond to a request for comment regarding a recent New York Times report that his campaign was involved in efforts to recruit the second candidate.

Gleason also cited the Supreme Court’s Purcell principle, which suggests federal courts should avoid changing election rules close to an election date. She noted that the administration’s attempt to block certification ran counter to the Constitution’s grant of election authority to states.

The Justice Department escalated its actions on Thursday by issuing new grand jury subpoenas related to the same-named candidates. The FBI began contacting people who donated to Dan J. Sullivan to ask if they had been misled about which candidate they were supporting.