Federal Judge Drops Justice Department Bid to Halt Alaska Senate Certification
The DOJ plans to appeal after a ruling found its effort to investigate a potential ballot mix-up too late to preserve voter secrecy before the Nov. 3 election.
By Jason Kovalenko ·
A federal judge in Juneau dismissed a lawsuit filed by the U.S. Department of Justice on Sunday, clearing the path for the certification of the Alaska Senate race even if Republican incumbent Dan Sullivan loses.
The case, which sought to block the official counting of votes if Sullivan fell behind Democrat Mary Peltola, was the latest development in a dispute over a second candidate on the ballot with the same name as the senator.
Federal Judge Sharon Gleason ruled that the government’s proposed solution was not viable because many voters had already cast their ballots in early voting.
Gleason wrote that the United States did not offer a workable plan to separate ballots cast for the retired teacher Dan J. Sullivan and then conduct an unspecified investigation without compromising the secrecy of the vote.
The Justice Department immediately signaled it would appeal the decision. A spokesperson for the agency stated that Alaskans deserve a fair election and should not be deceived in an attempt to rig the results.
The lawsuit was filed less than two weeks before Election Day. It asked for an inquiry to determine if votes for Dan J. Sullivan were actually intended for the senator. The state of Alaska argued the case lacked merit and that resolving the issue would violate voter privacy.
Dan J. Sullivan, a retired teacher, entered the race in June. He finished fourth in the August primary with approximately 2.5% of the vote, securing a spot on the Nov. 3 general election ballot.
President Donald Trump has promoted the lawsuit for months, expressing fear that the presence of the other Sullivan would drain votes from the senator. On Sunday, Trump posted on social media that the "fake" Daniel J. Sullivan, Jr. had disappeared and could not be found by police.
Senator Sullivan told CNN on Sunday morning that he was certain he would lose many votes due to the situation. He also expressed doubt about Peltola’s claims that she did not know her top political advisors were involved in recruiting Dan J. Sullivan to run.
The Peltola campaign and the Senate Democratic Campaign Committee called the dismissal a victory for democracy. Devan Barber, the executive director of the committee, stated that no powerful figure should be able to overturn free and fair elections simply because they dislike the result.
The Peltola campaign noted that a federal investigation was announced after Trump said the previous week that he wanted Peltola prosecuted. The campaign said a simulated investigation would not stop Alaskans from choosing their senator.
The Justice Department intensified its criminal investigation into the ballot presence of Dan J. Sullivan on Thursday by issuing a series of grand jury subpoenas. FBI agents have contacted donors of the candidate, asking if they were misled about who they were supporting, according to a person familiar with the matter told The Associated Press.
