A federal judge has dismissed the Department of Justice’s lawsuit aimed at delaying certification of the Alaska Senate election, citing the government’s failure to establish legal standing for its request. The DOJ had sought an investigation into potential voter confusion caused by a second candidate named Dan Sullivan on the ballot, particularly if incumbent Senator Dan S. Sullivan lost. Despite the ruling, which denied leave to amend the complaint, the Department of Justice has vowed to appeal the decision, emphasizing its commitment to ensuring election fairness.
A federal judge on Sunday dismissed the Department of Justice's (DOJ) extraordinary lawsuit that sought to delay the certification of the Alaska Senate election. The suit was prompted by concerns over potential voter confusion stemming from a non-incumbent candidate sharing a similar name with the sitting Republican Senator, Dan S. Sullivan. The ruling, delivered just two days before Election Day, found that the government failed to establish the necessary legal standing for its civil complaint, specifically the 'redressability requirement' for Article III standing.
The Department of Justice quickly announced its intention to appeal the decision to the 9th Circuit U.S. Court of Appeals. The lawsuit had aimed to postpone certification if incumbent Sen. Dan S. Sullivan lost, and only if reallocating votes cast for the other Daniel J. Sullivan would alter the ranked-choice outcome.
Democratic nominee Mary Peltola, state election officials, and various advocacy groups had petitioned Judge Sharon Gleason of the U.S. District Court in Anchorage to dismiss the DOJ's complaint. Peltola is currently locked in a tight race with Sen. Dan Sullivan, a contest crucial for determining party control of the Senate, where Republicans currently hold a slim majority. Neither the other Dan J. Sullivan nor the fourth candidate, Gerald Heikes, are considered serious contenders, but their presence on the ballot could impact the ranked-choice results.
Peltola's campaign has faced accusations of encouraging retired schoolteacher Dan J. Sullivan to run, claims which her campaign vehemently denies. Following Sunday's ruling, Peltola's campaign released a statement asserting, "No sham investigation or baseless lawsuit from a weaponized Department of Justice is going to stop Alaskans from electing Mary on November 3rd so she can lower costs for Alaska's working families."
Judge Gleason's 20-page decision did not delve into the allegations of voter confusion or candidate recruitment. Instead, she focused on the DOJ's inability to demonstrate how its requested relief—an investigation into voter intent and a delay in certification—could be achieved while upholding ballot secrecy. Gleason highlighted that early voting was already underway, and ballots had been commingled, making it impossible to link individual ballots to voters without compromising anonymity.
Furthermore, the judge invoked the Supreme Court's 'Purcell principle,' which cautions against altering election rules close to an election. While the DOJ argued it wasn't seeking to change election logistics, Gleason countered that their requests to prevent certification under certain conditions, segregate ballots, and conduct an investigation inherently involved the "time, place, and manner of Alaska's election," which are state responsibilities. The judge also denied the DOJ leave to amend its lawsuit, deeming further amendment futile given the court's lack of authority to order such ballot segregation and investigation.
A DOJ spokesperson commented on the dismissal, stating, "The court dismissed the case on procedural grounds but did not dispute the argument of the United States that Daniel J. Sullivan (a/k/a Decoy Dan) entered the race as a frivolous candidate to confuse voters." The spokesperson reiterated the DOJ's plan to appeal, emphasizing that "Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes." The White House referred CNBC to the DOJ's statement when asked for comment.
Former President Donald Trump, who publicly claimed he ordered the lawsuit filed on October 22, argued that Peltola and other Democrats orchestrated the recruitment of the retired schoolteacher to confuse voters intending to support Sen. Sullivan. In his initial remarks after the ruling, Trump characterized the situation as "voter fraud at the highest level," advocating for Peltola's removal from the ballot and prosecution. A New York Times report on Wednesday detailed alleged involvement from Peltola's campaign aides and DSCC aides in efforts to recruit the second Sullivan, claims both groups deny.
Devan Barber, DSCC Executive Director, hailed the ruling as "a victory for democracy," asserting that no one, including powerful figures like Donald Trump, should undermine free and fair elections. Sen. Sullivan, prior to Gleason's ruling, indicated he would accept election results if he lost, yet sharply criticized Peltola's campaign and the DSCC, accusing them of cheating and lying to Alaskans. Alaskan election officials have taken measures to prevent voter confusion, listing Sen. Sullivan as "Dan S. Sullivan" with "incumbent" and "registered Republican" annotations, while the other candidate is simply "Daniel J. Sullivan."
