Judge rejects DOJ bid to block Alaska Senate certification over name dispute

U.S. District Court Judge Sharon Gleason dismissed a lawsuit filed by the Department of Justice on Sunday. The suit sought to prevent the certification of Alaska’s U.S. Senate race if Republican incumbent Dan Sullivan loses to Democratic challenger Mary Peltola.

The federal government’s primary concern was the presence of a second candidate on the ballot named Daniel J. Sullivan Jr. The Justice Department requested an investigation into whether votes cast for the retired teacher were intended for the sitting senator. The state of Alaska argued the case lacked merit and contended that determining voter intent would violate ballot secrecy.

In her written order, Gleason determined that the relief sought by the United States was infeasible. She noted that early voting had already taken place, resulting in the commingling of ballots to the point where the identity of the voter for each individual ballot could no longer be determined.

The judge further stated that the federal government failed to provide a viable plan for segregating Election Day ballots. She wrote that the proposed court-ordered investigation could not be conducted in a manner that would preserve voter secrecy.

The dispute centers on the second Sullivan, a retired schoolteacher who has insisted he ran on his own accord. Republicans suspect that Peltola’s campaign recruited the candidate to confuse voters. That suspicion was fueled by a New York Times report published the previous week. The report cited interviews, text messages, and campaign finance documents showing a group backing Peltola paid an operative to recruit decoy candidates.

Sullivan, a former Alaska attorney general, expressed doubt about Peltola’s claims that she was unaware of her aides’ involvement. He told CNN’s State of the Union that the former congresswoman had been lying to the Alaskan people. Peltola has denied involvement and described the attention on the name similarity as a distraction from high prices caused by the war in Iran.

President Donald Trump, who ordered the Justice Department to file the suit, called for Peltola to be prosecuted following the media report. Federal agents issued subpoenas in Alaska, and the state’s Republican governor has ordered an investigation into the matter. The governor has suggested he may not certify a Peltola victory.

Sen. Tim Scott, who heads the Republican Senatorial Campaign Committee, stated that criminal charges might be appropriate if candidates work in collusion to confuse voters. Conversely, Rep. Jamie Raskin, D-Md., called the strategy stupid politics. Sen. Bernie Sanders, I-Vt., agreed, noting that the tactic is not illegal and occurs in every election.

Sullivan said he would let lawyers determine whether crimes were committed but believed the second candidate would impact the vote count. He stated he was sure he would lose votes to the situation. The senator also said he would accept the results of the election. Both candidates spent the final days campaigning in Alaska, with Sullivan attending a trunk-or-treat event in Anchorage on Saturday night.