Judge dismisses DOJ lawsuit seeking to block Alaska Senate certification

U.S. District Judge Sharon L. Gleason dismissed a Justice Department lawsuit on November 1, 2026, that sought to block certification of Alaska’s U.S. Senate election if Republican incumbent Dan Sullivan loses.

The department filed the case less than two weeks before Election Day, while early voting was already under way. It asked the court to segregate ballots cast for Daniel J. Sullivan, a retired teacher also on the ballot, and to delay certification if those votes could change the ranked-choice outcome in favour of the incumbent. The suit claimed the second candidate’s presence was intended to confuse voters.

Gleason, sitting in Anchorage, ruled that the United States lacked Article III standing because it had not shown its alleged injury was redressable. She wrote that many ballots had already been cast and commingled, making it impossible to identify which votes were cast for which Sullivan without violating the secret ballot. “The United States provides no workable plan as to how it proposes to segregate ballots cast for Daniel J. Sullivan on Election Day and then conduct a court-ordered unspecified ‘investigation’ of those ballots in a manner that would preserve voter secrecy,” she wrote in a 20-page order. She also cited the Purcell principle against last-minute federal intervention in election rules.

The Justice Department filed a notice of appeal the same day. A spokesperson said the court had dismissed the case on procedural grounds but had not disputed the department’s argument that the second candidate entered the race to confuse voters. Alaska state officials, the campaign of Democratic nominee Mary Peltola, and Democratic groups had all asked for dismissal.

Sullivan faces Peltola in a ranked-choice contest that could affect control of the Senate. Republicans hold a narrow majority. The Alaska Supreme Court had already allowed Daniel J. Sullivan to remain on the ballot. Sullivan himself said he would accept the result whether he wins or loses.

The ruling removes one pre-election legal obstacle to normal certification. It does not resolve the underlying political dispute over the second name, which both sides continue to highlight in the final hours of campaigning. Any post-election challenge would have to proceed under ordinary state procedures rather than the federal injunction the department sought.

Gleason’s order leaves the ranked-choice tabulation to proceed under existing Alaska law once polls close on November 4. The outcome will turn on first-preference votes and subsequent rankings, not on a court-ordered recount of ballots already mixed together.