Alaska Senate Race at Centre of DOJ Election Lawsuit
A judge dismissed the Trump DOJ’s bid to block Alaska Senate certification over two Sullivan candidates Left: Dan S. Sullivan| Facebook/ Right: Alaska Division of Elections

A federal judge has dismissed the Trump administration's attempt to block certification of Alaska's Senate election if Republican incumbent Dan Sullivan loses and votes for a similarly named challenger could have changed the outcome.

US District Judge Sharon Gleason issued the ruling on Sunday, 1 November, two days before the midterm elections. The Justice Department filed a notice of appeal shortly afterwards, keeping the dispute alive as voters prepare to decide a race that could help determine Senate control.

Two Sullivans on the Ballot

The case concerns Senator Dan S. Sullivan and Daniel J. Sullivan Jr., a retired teacher from Petersburg. Both qualified for the general election alongside Democrat Mary Peltola and Gerald Heikes.

Trump and the Justice Department argued that the challenger's similar name could divert votes intended for the Republican senator, potentially helping Peltola win.

The lawsuit, filed on 22 October, sought to prevent certification of a result potentially affected by that alleged confusion. Federal lawyers also wanted ballots supporting the challenger separated and preserved for an investigation into voters' intentions.

Alaska election officials opposed the proposal, arguing that ballots do not identify their voters and are mixed together to protect privacy.

The state also said the ballot already distinguishes the candidates: the senator is identified as a Republican incumbent, while the retired teacher appears with a different middle initial, the suffix Jr. and no party affiliation.

Judge Finds 'No Workable Plan'

Gleason found that the federal government had failed to establish standing because it had not demonstrated how a court order could remedy its alleged injury.

A central problem was the proposed investigation. The judge said the government had offered 'no workable plan' for separating ballots and examining whether people had chosen the wrong Sullivan while preserving their right to vote secretly.

Early voting was already underway when the lawsuit was filed. Gleason also raised concerns about imposing changes so close to Election Day.

The ruling rejected the requested court intervention. It did not establish that voters had been deceived or determine the truth of every allegation surrounding the challenger's candidacy.

Justice Department Appeals

The Justice Department defended its position after the dismissal and moved to appeal. Its challenge now heads to the federal appeals court.

'Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes,' spokesperson Kiersten Pels said.

Voting rights groups that intervened to defend Alaska welcomed the decision. The American Civil Liberties Union described the lawsuit as an improper effort to interfere with the election before votes had been counted.

Peltola's campaign has denied involvement in either Sullivan campaign. The retired teacher has also denied intending to confuse voters.

The certification dispute is separate from a federal criminal investigation into allegations surrounding the challenger's entry into the race. Investigators have issued subpoenas and contacted donors. No criminal charges have been announced in connection with the alleged recruitment effort.

Election Still Ahead

Alaska's ranked-choice general election is scheduled for Tuesday, 3 November. Voters can rank candidates, and votes can transfer to subsequent preferences when the candidate with the fewest votes is eliminated.

The two Sullivans' ballot access had already been litigated in state court, with the Alaska Supreme Court allowing the challenger to remain a candidate.

Sunday's dismissal leaves the administration pursuing an appeal rather than holding the certification-blocking order it requested. The outcome of the Senate race itself remains for Alaska voters to decide.