DOJ's Alaska ballot-confusion suit dismissed by judge
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President Trump shakes hands with Sen. Dan Sullivan (R-Alaska) during a campaign rally. Photo: Kent Nishmura / AFP via Getty Images
A federal judge dismissed the Justice Department's bid to halt certification of Alaska's Senate race if Republican Sen. Dan Sullivan loses and votes cast for another candidate named Dan Sullivan could have changed the outcome.
Why it matters: The ruling shuts down an extraordinary attempt to delay a potential Democratic victory in a race that could determine control of the Senate.
- The DOJ's last-minute bid came less than two weeks before Election Day, as early voting had already begun in the state.
Driving the news: U.S. District Judge Sharon Gleason said the DOJ offered no workable way to determine whether votes for Daniel J. Sullivan were meant for incumbent Sen. Dan S. Sullivan without compromising ballot secrecy.
- The government's challenge centered around the inclusion of Daniel J. Sullivan, a retired teacher with the same name as the incumbent Republican senator, on the ballot.
- The closely watched race between the two frontrunners, Sen. Sullivan and Democrat Mary Peltola, could help determine control of the chamber.
What she's saying: Gleason said ordering ballots segregated for a law enforcement investigation would "clearly violate Alaskans' right to a secret ballot."
- She also warned against last-minute changes to election procedures.
Catch up quick: Over the summer, the Alaska Supreme Court upheld a decision permitting Daniel J. Sullivan to appear on the primary ballot, where he received 2.5% of the vote.
- In a complaint filed Oct. 22, the DOJ alleged that his presence on the general election ballot "threatens to mislead Alaskan citizens who want to vote for Senator Sullivan."
- They argued it was "vital" for Alaska's election authorities not to certify a result that may be affected "by voter confusion."
- The complaint defines that as a result in which "(1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska's rank-choice process played out accordingly, Senator Sullivan would have won the election."
Friction point: While Peltola's campaign had denied being involved with Daniel J. Sullivan's bid, The New York Times reported that senior advisers coordinated with people to recruit him and try to lure others into the race. Peltola has insisted she knew nothing of those efforts.
- The Times' reporting was based on interviews with a dozen people who participated in or were told of the plan or were targets of attempted recruiting efforts; it also cites text messages about the effort.
- The government cited the Times' report in an amended complaint filed last week.
Flashback: President Trump took personal credit for ordering the Alaska lawsuit, telling reporters, "I'm the one that said, 'Do it.'"
- The DOJ did not immediately respond to Axios' request for comment.
What's next: Alaska uses ranked-choice voting, so voters will be able to vote for both Sullivans.
- The order directs the clerk to enter final judgment and close the case.
Go deeper: Alaska governor casts doubt on certifying election if Peltola wins
