Judge dismisses DOJ lawsuit over Alaska Senate race certification

U.S. District Judge Sharon Gleason dismissed a Justice Department lawsuit on November 1, 2026, that sought to block certification of Alaska's U.S. Senate election results if Republican incumbent Dan Sullivan loses. The 20-page order found that the United States lacked Article III standing because it failed to establish redressability. Gleason wrote that the government provided no workable plan to segregate ballots cast for Daniel J. Sullivan and then investigate them while preserving voter secrecy.

The lawsuit, filed the previous week, asked the court to prevent certification if reallocating every vote for the other Daniel J. Sullivan would change the ranked-choice outcome in favor of the incumbent. Alaska uses ranked-choice voting. The ballot lists Sen. Daniel S. Sullivan, the Republican incumbent, Democratic former Representative Mary Peltola, unaffiliated Daniel J. Sullivan Jr., a retired teacher, and one other long-shot candidate. The DOJ argued that the teacher, referred to in some statements as Decoy Dan, entered the race to confuse voters.

Gleason, an Obama appointee, noted that many voters have already cast ballots, which have been commingled and cannot be segregated. She stated that ordering segregation for a law-enforcement investigation would likely violate Alaskans' right to a secret ballot and could create further confusion that deters voting. The relief sought was infeasible. She dismissed the case without prejudice for lack of jurisdiction and denied leave to amend as futile. The Justice Department filed a notice of appeal the same day and stated that the dismissal was on procedural grounds and did not dispute its argument about voter confusion.

The case is part of broader disputes over the presence of two similarly named candidates. A New York Times report alleged Democratic involvement in recruiting the lesser-known Sullivan; Peltola's campaign has denied any involvement. U.S. Attorney for Alaska Michael Heyman announced that the FBI is conducting a criminal investigation into the candidacy. Incumbent Sullivan has said he will accept the results win or lose. Peltola's campaign called the lawsuit a sham investigation and said no such effort would stop Alaskans from electing her.

The Alaska Senate race is one of the closest contests that could determine Senate control. Democrats need a net gain of four seats to take the majority. Polls have shown a tight race. The state argued the lawsuit lacked merit. Outside groups and election officials joined in seeking dismissal. Gleason's ruling emphasizes longstanding limits on last-minute federal court intervention in state-administered elections.

Election Day is November 3. Early voting has already occurred. The ranked-choice system allows voters to rank candidates, with second-choice votes redistributed if no one reaches a majority in the first round. The presence of a same-name candidate has drawn national attention in the final days. The DOJ's appeal will proceed in a higher court, but the immediate effect is that certification can move forward under state procedures without the requested federal intervention.

Alaska election officials continue to process ballots under existing rules. The controversy has not stopped voting, according to local reports. Both campaigns continue final outreach as the ranked-choice tabulation process will determine the winner once all ballots are counted.