Judge Dismisses Justice Department Suit Over Alaska Senate Ballot Name Dispute

A federal judge in Alaska on Sunday dismissed a Trump administration lawsuit that sought to head off certification of Alaska's U.S. Senate results if Republican Sen. Dan Sullivan loses. The Justice Department has filed notice that it will appeal, according to NBC News and CBS News.

The case centers on a second candidate with a nearly identical name on the November ballot. Election Day is Tuesday.

What the judge decided

U.S. District Judge Sharon Gleason ruled that the federal government lacked proper legal standing to bring the case, according to CBS News and NPR. In a 20-page order, CBS News reported, she wrote that the government had not shown that a court order could fix the harm it claimed.

The department had asked the court to separate and preserve ballots cast for Daniel J. Sullivan, a teacher who is on the ballot as a candidate unaffiliated with a party, and to allow an investigation of them. Gleason wrote that the government offered no workable plan for doing so while keeping voters' ballots secret. She said such a remedy would clearly violate Alaskans' right to a secret ballot, NBC News reported.

What the Justice Department says

A department spokesperson said the court dismissed the case on procedural grounds but did not dispute the department's argument that the second Sullivan entered the race to confuse voters. The spokesperson said Alaska voters deserve a fair election and should not be misled in an attempt to rig outcomes.

The lawsuit cited the National Voter Registration Act. It was amended Thursday to add a second claim under the Constitution's Supremacy Clause, CBS News reported, and to include recent New York Times reporting on alleged efforts by people tied to Mary Peltola's campaign to recruit candidates who could draw votes from Sullivan.

President Donald Trump said he ordered the suit filed. In a Truth Social post Sunday, NBC News reported, he accused the second Sullivan of committing a criminal act and said he could not be located.

What Peltola's campaign and voting rights groups say

Peltola, the Democratic nominee, has denied involvement. CBS News reported that her campaign said it had no involvement with either Sullivan campaign, and Peltola said she was not interested in tricking voters. A campaign spokesperson called the case a baseless lawsuit that would not stop Alaskans from choosing their senator.

Sophia Lin Lakin, director of the American Civil Liberties Union's Voting Rights Project, welcomed the ruling, according to NPR. She said the suit was a waste of taxpayer money aimed at silencing hundreds of thousands of voters. Voting rights groups had joined the case to help defend the state.

What Sullivan and Alaska officials say

Sullivan told CNN's State of the Union on Sunday that he believes the second Sullivan will cost him votes. He said he doubts Peltola was unaware of her aides' involvement, and called the Democratic effort rigged and corrupt. He also said he would accept the election results, win or lose.

Alaska's Republican-led state government urged the court Saturday to reject the effort, NBC News reported. NPR reported that Republican Gov. Mike Dunleavy has ordered an investigation and, in an Oct. 30 interview with NewsNation, said certification could be stopped or changed if wrongdoing is found. The Alaska Supreme Court ruled in June that the second Sullivan has the right to run, NPR reported.

What's at stake

For Alaska voters, the ruling means that ballots cast for either candidate named Sullivan will be counted as usual, without being set aside for review. The dismissal does not end the broader dispute. CBS News reported that the Justice Department is also conducting a criminal investigation and has issued subpoenas to several Democratic officials believed to be linked to the effort to recruit the second Sullivan. No one in the race has been charged with a crime, and Peltola has denied any involvement.

Voting is already underway. More than 86,700 Alaskans have cast ballots in early voting, according to the state's Division of Elections figures cited by NPR, and voting continues through Tuesday.

Around Prague, based on reporting by NPR, NBC News, CBS News