Federal Judge Dismisses DOJ Suit Over Alaska Senate Ballot

2.5%

That is the share of the primary vote retired teacher Dan J. Sullivan received, enough to secure his place on the November 3 ranked-choice ballot in Alaska. His presence on the same ticket as incumbent Senator Dan Sullivan has triggered a legal battle that consumed the final days of a pivotal Senate race. On Sunday, U.S. District Court Judge Sharon Gleason dismissed a lawsuit filed by the Justice Department. The suit sought to prevent the certification of the election result if the Republican incumbent loses.

The Justice Department argued that Dan J. Sullivan, a former teacher with no prior political experience, was a strategic addition to the ballot. The government feared voters might confuse the two Sullivans and that this confusion would siphon votes from the incumbent. The lawsuit called for an investigation into whether ballots cast for the retired teacher were intended for the senator. Gleason rejected this request, writing that the relief was infeasible because many voters had already cast their ballots during early voting.

The judge emphasized the difficulty of segregating ballots cast for Daniel J. Sullivan on Election Day while preserving voter secrecy. She noted that the United States provided no workable plan for such an investigation. This ruling aligns with the Purcell principle, which discourages federal courts from altering election rules close to an election date. Gleason also cited the Constitution, which grants states primary authority over their election processes.

The Justice Department immediately filed a notice of appeal following the dismissal. A department spokesperson stated that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The department maintained that the judge dismissed the case on procedural grounds but did not dispute the argument that Dan J. Sullivan entered the race as a frivolous candidate to confuse voters.

Senator Dan Sullivan has publicly expressed concern that the second candidate would affect the outcome. Speaking to CNN on Sunday, he stated he was sure he would lose a lot of votes to that trickery. He also challenged claims by Democrat Mary Peltola that her campaign was unaware of the recruitment of the other Sullivan. Sullivan asserted that Peltola’s top political aides had been involved for a year and that she had been informed of the arrangement.

Peltola’s campaign responded to the ruling by calling it a victory for democracy. Devan Barber, executive director of the Democratic Senatorial Campaign Committee, said no one could toss out free and fair elections simply because they disliked the result. The campaign also referenced a federal probe disclosed after President Trump said he wanted Peltola prosecuted for the scheme. They stated that no sham investigation would stop Alaskans from electing Peltola to lower costs for working families.

The controversy intensified after The New York Times reported that Peltola’s campaign was involved in efforts to recruit Dan J. Sullivan. Peltola denied involvement, stating she was not interested in tricking voters. Dan J. Sullivan has not responded to recent messages from reporters. His absence prompted President Trump to post on social media that the fake candidate had disappeared and that law enforcement could not find him.

State officials had previously argued the federal case lacked merit. Attorneys for the Alaska Department of Law called the complaint meritless and noted that the state had taken steps to distinguish the two candidates on the ballot. Voters could look up biographies in state-distributed pamphlets or ask for help. The Alaska Supreme Court had earlier rejected a Republican-backed effort to block the retired teacher from the August primary ballot.

The Justice Department escalated its criminal investigation into the ballot issue on Thursday. The department issued new grand jury subpoenas, according to a person familiar with the matter. The FBI has begun contacting donors to Dan J. Sullivan to determine if they were misled about which candidate they were supporting. The Republican governor of Alaska has also ordered an investigation and suggested he may not certify a potential Peltola victory.