Federal Judge Drops Alaska Senate Election Challenge
Judge Sharon Gleason ruled the Justice Department's plan to sort ballots was too difficult to execute before the Nov. 3 vote.
By Rosa Wojcik ·
A federal judge in Alaska dismissed a lawsuit filed by the U.S. Department of Justice on Sunday. The suit sought to stop the state from certifying the results of the U.S. Senate race if the Republican incumbent lost. The decision clears a path for the Nov. 3 ranked-choice election to proceed as scheduled.
The Justice Department filed the case less than two weeks before the election. It asked for an investigation into votes cast for Dan J. Sullivan, a retired teacher. The government argued that some voters might have intended their ballots for Senator Dan Sullivan, the Republican incumbent. The state of Alaska called the case meritless and warned that sorting ballots would violate voter privacy.
U.S. District Court Judge Sharon Gleason wrote that the relief sought by the federal government was infeasible. She noted that many voters had already cast ballots during the early voting period. Gleason said the United States provided no workable plan to segregate ballots and conduct an investigation while preserving secrecy.
The Justice Department filed a notice of appeal shortly after the ruling. A spokesperson stated that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The department added that the judge dismissed the case on procedural grounds but did not dispute the argument that Dan J. Sullivan was a frivolous candidate.
Senator Dan Sullivan faces Democrat Mary Peltola in a race that could determine Senate control for the final two years of President Donald Trump's term. Sullivan and his allies have spent months portraying Dan J. Sullivan as a sham candidate designed to confuse voters. Sullivan told CNN on Sunday that he expects to lose a lot of votes to the other candidate.
Sullivan expressed doubt that Peltola was unaware of her top aides' involvement in recruiting the retired teacher. He stated that Peltola got caught lying to the Alaskan people and the media. Peltola's campaign responded by saying she had no involvement in the campaigns for either Sullivan. Peltola told supporters at a recent event that she is not interested in tricking voters.
The New York Times reported in the week before Election Day that Peltola's campaign was involved in efforts to recruit the second Sullivan. Dan J. Sullivan said shortly after entering the race in June that he had no contact with her campaign. He has not responded to multiple messages seeking comment over the past few days. President Trump posted on social media that the candidate had disappeared and that law enforcement could not find him.
State courts previously rejected a Republican-backed effort to block the retired teacher from the August primary ballot. He appeared on the primary ballot as Daniel J. Sullivan Jr. with no party affiliation. The senator was listed as Dan S. Sullivan, Republican and incumbent. Dan J. Sullivan received about 2.5% of the primary vote, which was enough to qualify for the general election.
The Alaska Department of Law represented state elections officials in the federal case. Attorneys called the government's complaint meritless and asked Judge Gleason to toss the lawsuit. The state noted that it took steps to distinguish the two candidates on the ballot. Voters can look up candidate biographies in state-distributed election pamphlets if they need help.
The Justice Department escalated a criminal investigation on Thursday by issuing new grand jury subpoenas. The FBI began contacting people who donated to Dan J. Sullivan. Some donors told The Associated Press that agents asked if they had been misled about which candidate they were supporting. The NAACP filed a brief supporting the dismissal of the federal lawsuit. Its general counsel called the decision a big win for voters.
Judge Gleason also cited the Supreme Court's Purcell principle in her ruling. The principle holds that federal courts should generally not change election rules too close to an election. She wrote that the administration's attempt to block certification ran counter to the Constitution. The Constitution gives states the authority to run elections.
