Federal judge rejects DOJ bid to halt Alaska Senate certification
Judge Sharon Gleason ruled the government's plan to investigate ballots for a second Dan Sullivan was infeasible.
By Jessica Abebe ·
U.S. District Court Judge Sharon Gleason dismissed a federal lawsuit on Sunday that sought to block the certification of Alaska's U.S. Senate race if Republican incumbent Dan Sullivan loses.
The Justice Department filed the suit less than two weeks before the November 3 election. It asked for an investigation into whether votes cast for retired teacher Dan J. Sullivan were intended for the sitting senator. The state of Alaska argued the case lacked merit and that determining voter intent would violate privacy protections.
Gleason wrote in her order that the relief requested by the United States is infeasible because many voters have already cast their ballots during early voting. She noted that the government provided no workable plan to segregate ballots for Daniel J. Sullivan on Election Day and then conduct a court-ordered investigation while preserving voter secrecy.
The ruling addresses a controversy surrounding a second candidate on the ballot who shares the incumbent's first and last name. President Donald Trump and Sullivan's allies have described Dan J. Sullivan as a sham candidate intended to confuse voters. They expressed fear that the similar names would siphon votes from the senator. Sullivan faces Democratic former U.S. Rep. Mary Peltola in a closely watched contest that could determine control of the Senate.
In a CNN interview earlier on Sunday, Sullivan said he expected to lose a significant number of votes due to the presence of the other candidate. He described the situation as trickery and doubted claims by Peltola that her campaign was unaware of the recruiting efforts for the second Sullivan.
Peltola's campaign and the Democratic Senatorial Campaign Committee argued that the federal case lacked a legal basis and amounted to interference. The senator's campaign did not immediately respond to requests for comment on the ruling. Attorneys for the state and the Justice Department also did not immediately return messages seeking comment.
The New York Times reported last week that Peltola's campaign was involved in efforts to recruit Dan J. Sullivan. The retired teacher said in June that he had no contact with her campaign about running. He has not responded to recent messages. Peltola's team stated that it had no involvement in the campaigns for either Sullivan and that she was not interested in tricking voters.
State courts previously rejected Republican efforts to remove Dan J. Sullivan from the August primary ballot. He appeared on that ballot as Daniel J. Sullivan Jr. with no party affiliation, while the senator was listed as Dan S. Sullivan, Republican and incumbent. Dan J. Sullivan received approximately 2.5 percent of the primary vote, which placed him in the top four and qualified him for the general election.
The Alaska Department of Law represented state election officials in the federal case. They described the government's complaint as meritless and argued that the state had taken steps to distinguish the two candidates. Those steps included candidate biographies in election pamphlets and options for voters to seek assistance.
Gleason, who was appointed by former President Barack Obama, cited the Constitution and the Supreme Court's Purcell principle in her decision. The Purcell principle holds that federal courts should generally avoid changing election rules close to Election Day. She found that the administration's attempt to block certification ran counter to state authority over elections.
On Thursday, the Justice Department escalated a criminal investigation into the presence of Dan J. Sullivan on the ballot by issuing new grand jury subpoenas. The FBI has also contacted donors to the second candidate. 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, has ordered an investigation into the matter. He has suggested that he may not certify a victory for Peltola. The November 3 election uses a ranked-choice voting system that includes four candidates.
