Judge Dismisses DOJ Lawsuit Over Alaska Senate Ballot Names

A federal judge in Alaska dismissed 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 issued a 20-page order on Sunday finding that the United States lacked standing to bring the case. The suit, filed last week, asked the court to segregate ballots cast for Daniel J. Sullivan, a retired teacher from Petersburg who appears on the ballot as Daniel J. Sullivan Jr. without party designation, and to investigate whether voters intended to support the incumbent.

Gleason wrote that the government provided no workable plan for segregating those ballots and then conducting an investigation while preserving the secrecy of the ballot. Many ballots have already been cast and commingled. Requiring segregation so that voters could be investigated by law enforcement would clearly violate Alaskans' right to a secret ballot, she said. The absence of any explanation of how the requested relief could redress the alleged injury while maintaining ballot secrecy was telling, Gleason added.

The Justice Department filed a notice of appeal the same day. A spokesperson said the court dismissed the case on procedural grounds but did not dispute the argument that Daniel J. Sullivan entered the race as a frivolous candidate to confuse voters. The department said Alaskan voters deserve a fair election.

Democrat Mary Peltola, a former congresswoman, is challenging Sullivan in the ranked-choice election. The race is among those expected to help determine Senate control. Peltola's campaign said no sham investigation or baseless lawsuit would stop Alaskans from electing her on November 3. Sullivan said on CNN that he would accept the results even if he loses.

The ballot lists the incumbent as "Dan S. Sullivan (Registered Republican) Incumbent." The other candidate changed his registration from Republican to undeclared before the general election. Earlier in the week the U.S. Attorney for Alaska said criminal and civil investigations into the non-incumbent's candidacy were ongoing. Those investigations continue.

Gleason, nominated by former President Barack Obama, denied leave to amend. She found that another rewrite would be futile because the court lacks authority to order the relief sought. Early voting is under way. Election Day is Tuesday, November 3.

The ruling removes one immediate legal obstacle to certification but leaves the underlying questions about the second candidate's presence on the ballot for the criminal inquiry and any appeal. Ranked-choice tabulation will determine the winner once all ballots are counted.