Judge Dismisses DOJ Lawsuit Over Two Dan Sullivans in Alaska Senate Race

U.S. District Judge Sharon Gleason on November 1, 2026, dismissed the Department of Justice lawsuit that sought to block certification of Alaska’s U.S. Senate race if Republican incumbent Dan S. Sullivan loses. The suit had asked the court to segregate ballots cast for a second candidate named Daniel J. Sullivan and to investigate possible voter confusion.

Gleason, an Obama appointee, ruled that the United States lacked standing because it offered no workable remedy that would preserve the secrecy of the ballot. “The absence of any explanation from the United States as to how its requested relief could redress its alleged injury while simultaneously maintaining the secrecy of the ballot is telling,” she wrote. She noted that many ballots had already been cast and commingled, making segregation impossible without identifying individual voters.

The ballot lists the incumbent as “Dan S. Sullivan (Registered Republican) Incumbent” and the other candidate as “Daniel J. Sullivan Jr.” without a party label. Sullivan Jr., a retired teacher from Petersburg, changed his registration from Republican to undeclared before the general election. Alaska’s Supreme Court had already required clear identification of the incumbent. The race also includes Democrat Mary Peltola. Senate control is at stake.

The Justice Department filed the case less than two weeks before Election Day, while early voting was underway. It argued that the second Sullivan’s presence risked confusing voters and that any close loss by the incumbent should trigger an investigation. Gleason rejected the request, stating that ordering segregation would “clearly violate Alaskans’ right to a secret ballot.”

The department said it would appeal. In a statement, it noted that the court dismissed the case on procedural grounds but “did not dispute the argument of the United States that Daniel J. Sullivan (a/k/a Decoy Dan) entered the race as a frivolous candidate to confuse voters.” A separate criminal investigation into how the second candidacy arose is underway; a New York Times report described Democratic involvement in recruiting him. Peltola has denied personal knowledge of any plan.

Senator Sullivan said on CNN that he would accept the election results whether he wins or loses, while still urging voters not to “let this election be stolen.” State election officials and outside groups had moved to dismiss the suit, arguing there was no evidence of widespread confusion and that the ballot design already distinguished the candidates.

The ruling removes one immediate legal obstacle to timely certification. With Election Day on November 3, attention now turns to turnout and the ranked-choice counting process. Any appeal is unlikely to produce a decision before votes are tallied. The case is the latest in a series of administration efforts to intervene in midterm contests that could decide which party controls the Senate.