Judge Sharon Gleason said the Justice Department offered no workable way to review ballots without breaking voter secrecy. DOJ says it will appeal.
ANCHORAGE, Alaska – A federal judge on Sunday dismissed the Justice Department’s lawsuit seeking to delay certification of Alaska’s Senate election if Republican Sen. Dan Sullivan loses, two days before Election Day.
US District Judge Sharon Gleason said in a 20-page decision that the United States provided no workable plan to segregate ballots cast for independent candidate Daniel J. Sullivan on Election Day, and to conduct a court-ordered investigation of them, while preserving voter secrecy. She found the government lacked standing because it had not shown how a court could remedy its concerns. The suit, filed Oct. 22, asked the court to halt certification if the senator lost by fewer votes than the other Sullivan received.
The Justice Department argued the other Sullivan’s presence on the ballot threatened to mislead voters who wanted Sen. Dan S. Sullivan. President Donald Trump told reporters he was the one who said, “Do it.” The lawsuit followed a New York Times report that people aligned with Democratic nominee Mary Peltola’s campaign and senior advisers at the Democratic Senatorial Campaign Committee helped recruit Daniel J. Sullivan, a retired teacher from Petersburg. Peltola has said she knew nothing of the effort, and Sullivan Jr. says his candidacy is legitimate. The Alaska Supreme Court allowed his name on the ballot.
A Peltola campaign spokesperson said no “sham investigation or baseless lawsuit” will stop Alaskans from electing her on Tuesday. The Justice Department said it will appeal, according to CNBC. Alaska’s governor has separately ordered a state investigation into the matter, and the House Oversight Committee has opened its own.
The race between Sullivan and Peltola is a toss-up that could help decide control of the Senate. A poll released Friday showed Peltola ahead by two percentage points.
This report draws on information from The Washington Post, CNN, NBC News, The Hill and Alaska Public Media.