Federal Judge Dismisses DOJ Lawsuit Seeking to Block Certification of Alaska Senate Race

A federal judge in Alaska dismissed on 1 November the Justice Department’s lawsuit that sought to block certification of the state’s U.S. Senate election if Republican incumbent Dan Sullivan loses. U.S. District Judge Sharon Gleason found the government failed to establish standing under Article III.

The suit, filed less than two weeks before Election Day, argued that the presence of another candidate named Daniel J. Sullivan on the ranked-choice ballot could confuse voters. It asked the court to segregate ballots cast for the non-incumbent and to investigate voter intent if the incumbent lost. Gleason wrote that the United States provided no workable plan for segregating those ballots while preserving the secrecy of the ballot.

The judge noted that many voters had already cast ballots, which had been mixed together and could not be matched to individual voters. She denied leave to amend the complaint, finding further revision would be futile. The Justice Department filed a notice of appeal the same day.

Alaska uses ranked-choice voting. The ballot lists the incumbent as Dan S. Sullivan (Registered Republican) Incumbent and the other candidate as Daniel J. Sullivan Jr. without party designation. The latter is a retired teacher from Petersburg who changed his registration from Republican to undeclared before the general election.

Democratic nominee Mary Peltola is the main challenger. Senate control is at stake in the midterm elections. State officials and advocacy groups had asked the court to dismiss the case. A DOJ spokesperson said the dismissal was on procedural grounds and that the department still viewed the second Sullivan as a candidate entered to confuse voters.

President Trump had ordered the lawsuit. Separate criminal and civil inquiries into the origins of the second candidacy remain active, according to the U.S. Attorney for Alaska. Sullivan has said he will accept the election results regardless of the outcome.

Early voting was already underway when the suit was filed. The ruling removes one potential obstacle to timely certification after polls close on 3 November. The appeal will be heard by a higher court after the election.