Alaska Judge Extends Deadline in DOJ Challenge to Senate Election Certification
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A federal judge in Alaska ordered the Department of Justice to answer new dismissal motions in its lawsuit seeking to delay certification of the Senate race, giving state officials and the Democratic campaign a deadline to respond.
A federal judge in Anchorage has kept fast-track proceedings alive in a Department of Justice lawsuit that aims to postpone certification of Alaska’s U.S. Senate election. Judge Sharon Gleason set a 1 p.m. Alaska Time deadline on Friday for the DOJ to reply to newly filed dismissal motions, which were submitted after the department amended its complaint on Thursday to add a Supremacy Clause claim.
The judge also gave state election officials, the campaign of Democratic nominee Mary Peltola, and other intervenors until noon Saturday to respond to the DOJ’s filing. Gleason indicated she could issue a ruling on the dismissal motions before Election Day on Tuesday, a request made by both the state and Peltola’s campaign.
State officials and the Peltola campaign argue that the DOJ lacks authority to block certification simply because two candidates share the name Dan Sullivan on the ballot. The lawsuit seeks to delay certification if incumbent Republican Sen. Dan Sullivan loses by a margin that could be attributed to voter confusion with another candidate listed as Daniel J. Sullivan.
"The U.S. Constitution leaves the regulation of federal elections exclusively to the States and to Congress, and DOJ has no statutory authority to bring this case," the Peltola campaign’s dismissal motion stated.
"Because this reading of the NVRA fails, the amended complaint fails," the motion filed by state election officials added.
The outcome of Alaska’s race could determine which party controls the Senate, as the state’s ranked-choice voting system may require multiple counting rounds. Only Peltola and Sen. Sullivan are expected to attract significant vote shares.