Judge Dismisses DOJ Lawsuit Over Alaska Senate Ballot Names

A federal judge in Alaska dismissed the Justice Department’s lawsuit on Sunday that sought to block certification of the state’s Senate election if Republican incumbent Dan Sullivan loses.

US District Judge Sharon L. Gleason issued a 20-page order finding that the United States lacked standing. She ruled the government failed to show that any injury could be redressed by a court order.

The case centred on two candidates named Sullivan. Incumbent Senator Dan Sullivan faces Democratic nominee Mary Peltola in a ranked-choice race. A third candidate, retired teacher Daniel J. Sullivan, also appears on the ballot. The Justice Department called him “Decoy Dan” and alleged his presence could confuse voters.

The suit, filed less than two weeks before Election Day, asked the court to segregate ballots cast for Daniel J. Sullivan and block certification if those votes could change the outcome. Early voting was already underway.

Gleason wrote that many voters had already cast ballots. Those ballots have been mixed together and cannot be matched to specific voters without violating secrecy. She said the United States provided no workable plan to separate the ballots and then investigate them while preserving the secret ballot.

The judge also cited the Purcell principle. Federal courts generally avoid last-minute changes to election rules that risk voter confusion. She noted that election administration belongs to the states under the Constitution.

Alaska election officials and Peltola’s campaign had asked for dismissal. State attorneys called the case meritless. Marc Elias, representing Peltola’s campaign and the Democratic Senate Campaign Committee, called the ruling a victory.

The Justice Department filed a notice of appeal on Sunday. A spokesperson said the court dismissed the case on procedural grounds but did not dispute the argument that Daniel J. Sullivan entered as a frivolous candidate to confuse voters.

Sullivan, a Trump ally, faces Peltola in one of the most closely watched Senate races. Polls have shown a tight contest. Senate control hangs in the balance. Tuesday’s election uses ranked-choice voting. Two minor candidates appear alongside the main pair.

The Alaska Supreme Court had already allowed Daniel J. Sullivan’s candidacy to proceed. The federal lawsuit came after that decision. Gleason, an Obama appointee, denied leave to amend the complaint as futile.

The ruling removes one immediate legal obstacle ahead of Election Day. Certification can proceed under state procedures once results are final. Any appeal will go to the Ninth Circuit.

The episode adds to a series of federal interventions in state election processes this cycle. It also highlights the practical barriers to post-election ballot investigations when votes are already commingled. Alaskans will cast their remaining ballots on Tuesday without the court order the Justice Department sought.