Federal Judge Blocks DOJ Effort to Halt Alaska Senate Certification

U.S. District Judge Sharon Gleason dismissed a lawsuit filed by the Department of Justice on Sunday. The federal suit sought to block the certification of the Alaska Senate race if incumbent Republican Dan Sullivan loses. The court ruled that the government’s requested injunction was unviable because early voting was already underway.

Gleason wrote that the United States did not present a feasible plan to separate ballots cast for retired professor Dan J. Sullivan from those for the senator. She noted that a court-ordered investigation would struggle to preserve voter secrecy while distinguishing between the two candidates. The ruling came less than two weeks before the general election scheduled for November 3.

The Department of Justice filed a notice of appeal immediately after the decision. A department spokesman stated in a written statement that Alaskan voters deserved fair elections rather than manipulation of results. The Justice Department argued that the judge dismissed the case on procedural grounds without rejecting the claim that Dan J. Sullivan ran as a frivolous candidate to confuse voters.

Senator Dan Sullivan, a Trump ally, faces Democrat Mary Peltola, a former congresswoman, in a contest that will determine Senate control for the final two years of the Trump administration. Sullivan told CNN on Sunday morning that he was certain he would lose many votes due to the presence of the other Sullivan on the ballot. He described the situation as a trick and doubted Peltola’s claim that she was unaware her advisers were recruiting the other candidate.

The retired professor Dan J. Sullivan received approximately 2.5 percent of the vote in the August primary. That result was enough to place him fourth and secure a spot on the ranked-choice ballot for the general election. State attorneys argued that the federal case lacked merit and that determining voter intent without violating privacy was impossible. The state had taken steps to differentiate the candidates on the ballot and in voter guides.

Peltola’s campaign and the Democratic Senatorial Campaign Committee called the ruling a victory for democracy. Devan Barber, the committee’s executive director, said the decision sent a clear message that no one could nullify free elections simply because they disliked the outcome. The Peltola campaign stated that a federal investigation would not stop Alaskans from choosing their senator to reduce costs for working families.

The Justice Department intensified its criminal probe into Dan J. Sullivan’s presence on the ballot on Thursday. The department issued numerous grand jury subpoenas, according to a person familiar with the matter who spoke to The Associated Press. FBI agents began contacting donors to ask if they felt misled about which candidate they supported. The state of Alaska had previously noted that it provided biographies and other information in election brochets to help voters distinguish between the two candidates.