4 minPolitics
Federal judge dismisses DOJ suit over Alaska Senate race, Justice Department to appeal
A federal judge dismissed the Justice Department's lawsuit seeking to delay certification of Alaska's Senate election, and the department said it will appeal the ruling.
A federal judge on Sunday dismissed the Justice Department's lawsuit seeking to delay certification of Alaska's Senate election, rejecting the Trump administration's effort two days before the midterm elections. The Justice Department said it would appeal the decision, which sends the case toward the 9th U.S. Circuit Court of Appeals.
The lawsuit centered on the so-called "Decoy Dan" controversy, which involves two candidates with similar names: Republican Sen. Dan S. Sullivan and challenger Daniel J. Sullivan Jr. The Justice Department sought to delay or block certification while it investigated whether voter confusion may have affected the outcome of the race. The request was filed in the middle of a close contest that could help determine which party controls the Senate.
U.S. District Judge Sharon Gleason said the government had not shown how the requested investigation could identify voters' intent while protecting ballot secrecy. She also said the relief sought would intrude on Alaska's responsibility to run its own elections. In other words, the court found that the federal government had not made a case that would justify interfering with the state's certification process.
The Justice Department said it would appeal, arguing that the judge dismissed the case on procedural grounds without addressing its central claim that Sullivan Jr. entered the race to confuse voters. The department's position is that the question of voter confusion has not been examined on the merits, and that the ruling leaves that claim unresolved.
The dispute has roiled the campaign in recent days. The New York Times reported that people connected to Democratic nominee Mary Peltola's campaign helped recruit Sullivan Jr. to run as a spoiler, a claim that has shaped the public debate over the race. Peltola has denied any involvement, and Sullivan Jr. has denied coordinating with her campaign.
Sen. Dan Sullivan said Sunday that he would accept the results of Tuesday's election, even as the Trump administration pursues a criminal investigation into Sullivan Jr.'s candidacy. Sullivan has accused the challenger of trying to confuse voters, a charge that sits at the center of the federal inquiry and the lawsuit that has now been dismissed.
Alaska Gov. Mike Dunleavy, a Republican, has suggested he may not certify a Peltola victory, adding another layer of uncertainty to the outcome. Sullivan declined to say whether he would support efforts to refuse certification, leaving open how the Republican side would respond if the count went against him.
The mechanics of the race add to the uncertainty. Alaska uses ranked-choice voting, so if no candidate wins a majority in the first count, the last-place candidate is eliminated and voters' next choices are counted. That process can extend the timeline before a winner is clear, and the appeal now pending could shape when certification takes place. With control of the Senate at stake, the outcome in Alaska is likely to draw close attention in the days ahead.
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