Judge blocks federal bid to halt Alaska vote

A federal judge in Alaska dismissed a lawsuit filed by the U.S. Justice Department on Sunday. The suit aimed to block the certification of the state’s U.S. Senate election results if Republican incumbent Dan Sullivan loses to Democratic challenger Mary Peltola. The decision comes just days before voters head to the polls.

The legal battle began less than two weeks before the election. Early voting was already underway when the federal government filed its complaint. The suit requested an investigation into votes cast for retired teacher Dan J. Sullivan. Officials argued that some of these votes may have been intended for the senator, Dan S. Sullivan. The state of Alaska responded that the case lacked merit. It also contended that determining voter intent without violating privacy was impossible.

U.S. District Court Judge Sharon Gleason ruled that the relief sought by the United States was infeasible. She noted that many voters had already cast their ballots. Gleason explained that these ballots had been mixed together. This made it impossible to match specific votes to specific voters. She wrote that the government provided no workable plan to segregate ballots cast for Daniel J. Sullivan on Election Day. She added that there was no clear method to investigate those ballots while preserving voter secrecy.

Attorneys for the state, Peltola’s campaign, and the Democratic Senatorial Campaign Committee argued the case interfered with the election. They stated it lacked a legal basis. For months, the senator and his allies, including President Donald Trump, portrayed Dan J. Sullivan as a sham candidate. They claimed he was running to confuse voters and help Peltola.

In the week before the election, The New York Times reported that Peltola’s campaign helped recruit the second Sullivan. Dan J. Sullivan said in June that he had no contact with Peltola’s team about running. He did not immediately respond to a request for comment on the report. Peltola’s campaign stated it has no involvement with either Sullivan campaign. Peltola told a recent crowd, “I am not interested in tricking voters.”

State courts, including the Alaska Supreme Court, previously rejected efforts to block the retired teacher from the August primary ballot. He appeared as Daniel J. Sullivan Jr. with no party affiliation. The senator was listed as Dan S. Sullivan, Republican and incumbent. Both names appear identically on the general election ballot. Dan J. Sullivan received about 2.5% of the primary vote. That result placed him in the top four for the November 3 ranked-choice election.

Attorneys for the Alaska Department of Law asked Judge Gleason, appointed by Barack Obama, to toss the lawsuit. They called the federal complaint meritless. The state noted it had taken steps to distinguish the two candidates. Voters can ask for help or check candidate biographies in state-distributed pamphlets. The state also pointed to the ranked voting system as a solution. If a voter’s first-ranked Sullivan is eliminated, their vote transfers to the other Sullivan. It does not transfer to Peltola unless the voter ranked her next.

Judge Gleason wrote that the administration’s attempt ran counter to the Constitution. The Constitution gives states authority to run elections. She also cited the Purcell principle. This principle holds that federal courts should generally not change election rules close to an election. On Thursday, the Justice Department escalated a criminal investigation into the same-named candidates. It issued a raft of new grand jury subpoenas. The FBI has begun 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 supported.