Judge dismisses Justice Department lawsuit aimed at blocking Alaska Senate race certification
A federal judge rejected a Justice Department suit seeking to halt certification of Alaska's U.S. Senate election, and the department announced it will appeal the decision.
A U.S. District Court judge on Sunday threw out a Justice Department lawsuit that aimed to block certification of Alaska’s U.S. Senate race if incumbent Republican Senator Dan Sullivan were defeated. The case, filed less than two weeks before the election, alleged that votes for retired teacher Dan J. Sullivan might be confused with those for the incumbent and sought an investigation into the matter. Judge Sharon Gleason said the requested relief was infeasible because many ballots had already been cast and that no workable plan existed to separate the two candidates’ votes while preserving voter secrecy.
The Justice Department said it would appeal, stating that Alaskan voters deserve a fair election and should not be misled by attempts to rig outcomes.
Senator Sullivan, who faces Democrat Mary Peltola, a former congresswoman, expressed concern that the presence of the second Sullivan on the ballot would siphon votes, calling it “trickery.” Peltola’s campaign and the Democratic Senatorial Campaign Committee argued the lawsuit lacked legal basis and amounted to election interference.
"Today’s ruling is a victory for democracy and a clear message to President Donald Trump and Senate Republicans: No one, no matter how powerful, can toss out free and fair elections just because they don’t like the result," said Devan Barber, executive director of the Democratic Senatorial Campaign Committee.
The judge noted that the federal government’s attempt to block certification conflicted with the Constitution’s allocation of election authority to the states and cited the Supreme Court’s Purcell principle, which discourages changing election rules close to an election.
State officials highlighted steps taken to distinguish the two Sullivan candidates on the ballot, and the NAACP’s general counsel Kristen Clarke called the decision “a big win for the voters in Alaska.” The Justice Department later announced an escalation of a criminal investigation into the presence of Dan J. Sullivan on the ballot, issuing new grand-jury subpoenas and involving the FBI.