Federal Judge Dismisses DOJ Lawsuit Over Alaska Senate Ballot Names

Ruling on the Eve of Election Day

US District Judge Sharon Gleason dismissed the Department of Justice lawsuit on Sunday, November 1, that sought to block certification of Alaska's US Senate election if incumbent Republican Dan S. Sullivan loses. The case centered on the presence of a second candidate named Daniel J. Sullivan on the ranked-choice ballot.

Gleason, an Obama appointee, ruled that the United States failed to establish the redressability required for Article III standing. She also found that the relief requested could not be implemented without compromising the secrecy of the ballot. The judge denied leave to amend the complaint as futile. The Justice Department said it will appeal.

Details of the Request

The DOJ asked the court to order Alaska to segregate ballots cast for Daniel J. Sullivan and to delay certification only if reallocating those votes to the incumbent would change the outcome. Gleason wrote that the government provided no workable plan for how such segregation and investigation could occur while maintaining voter secrecy. She added that last-minute judicial intervention of this scale is disfavored under longstanding Supreme Court precedent.

Democratic nominee Mary Peltola, state election officials, and outside groups had moved to dismiss the suit. Polls in the final days showed Peltola with a narrow lead. The race is one of the contests that could determine Senate control.

Background of the Two Sullivans

The non-incumbent Daniel J. Sullivan entered the race as an independent. Reporting has examined the circumstances of his candidacy and possible connections to Democratic efforts to affect the outcome. The Justice Department has also referenced ongoing investigations into the second candidate's decision to run. Those matters are separate from the civil suit that Gleason dismissed.

Alaska uses ranked-choice voting. Voters rank candidates, and the system redistributes votes until one candidate reaches a majority. The presence of a second candidate sharing the incumbent's surname raised the possibility of voter confusion, which the DOJ cited as the basis for its request.

Immediate Effect

With the dismissal, Alaska election officials will proceed under ordinary certification rules after polls close on November 3. The appeal process will continue in parallel. The ruling removes one potential source of delay in a race already marked by close polling and high national attention in the final 48 hours before Election Day.