Judge Dismisses DOJ Lawsuit Over Two Dan Sullivans on Alaska Ballot

U.S. District Judge Sharon Gleason dismissed the Department of Justice lawsuit that sought to block certification of Alaska’s U.S. Senate election if Republican incumbent Dan S. Sullivan loses. The ruling came on 1 November 2026, two days before Election Day.

The DOJ had argued that the presence of a second candidate named Daniel J. Sullivan, described by the department as a frivolous or decoy candidate, created a risk of voter confusion that could affect the result. The government asked the court to order Alaska to segregate ballots cast for Daniel J. Sullivan and to allow an investigation of voter intent before certification.

Gleason, an Obama appointee, ruled that the United States lacked Article III standing. She wrote that the government provided no workable plan for segregating those ballots and then investigating them while preserving 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,” the order stated. Many ballots had already been cast and commingled; they could not now be separated or traced to individual voters.

The ballot itself distinguishes the candidates. The incumbent appears as “Dan S. Sullivan (Registered Republican) Incumbent.” The other candidate is listed as “Daniel J. Sullivan Jr.” without a party designation. Alaska courts had earlier required the lesser-known Sullivan to remain on the ballot but ordered clear identification of the incumbent.

The DOJ filed a notice of appeal the same day. A department 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. A separate criminal investigation into how the candidacy arose remains open; the U.S. Attorney for Alaska has confirmed ongoing inquiries.

Democratic nominee Mary Peltola’s campaign and state election officials had asked for dismissal. A Peltola spokesperson said no investigation or lawsuit would stop Alaskans from choosing their senator. Incumbent Dan Sullivan told CNN he would accept the election results whether he wins or loses, while still urging voters not to “let this election be stolen.”

The decision removes one legal obstacle to normal certification of the Alaska Senate race. The broader contest between Sullivan and Peltola remains competitive and is watched as one of the seats that could affect Senate control. The appeal will proceed in parallel with the counting of votes.

Gleason also noted that last-minute judicial intervention in election administration is strongly disfavored under longstanding Supreme Court precedent. The ruling leaves the existing ballot design and identification measures in place for Tuesday’s vote.