Judge Dismisses DOJ Suit to Block Alaska Senate Results Ahead of Midterms

A federal judge in Alaska on Sunday threw out the Trump administration's unusual lawsuit seeking to block certification of the state's U.S. Senate results if the Republican incumbent loses, ruling two days before Election Day that the government had no legal standing to bring the case.

U.S. District Judge Sharon Gleason found the Department of Justice failed to show how its requested relief could fix the injury it alleged without violating Alaskans' right to a secret ballot. Early ballots have already been commingled, she noted, and the government offered "no workable plan" to investigate votes cast for one candidate while preserving voter secrecy.

The lawsuit, which President Trump said he ordered, argued voters could be confused because two of the four candidates on Alaska's ranked-choice ballot share a name: Republican Sen. Dan Sullivan, who is seeking reelection, and Daniel Sullivan Jr., a retired schoolteacher with no party affiliation. The DOJ wanted certification delayed only if the incumbent lost and reallocating the other Sullivan's votes to him would have changed the outcome.

Gleason dismissed the case without prejudice but refused to let the government amend its complaint, calling that futile. She also cited the Supreme Court's Purcell principle, which cautions courts against changing election rules on the eve of an election. The Justice Department filed notice the same day that it will appeal to the Ninth Circuit.

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

The case caps months of fighting over the second Sullivan's candidacy. Alaska's Republican Party tried to keep him off the ballot, but the state Supreme Court ruled in June that he may run. Republicans have accused Democrats of recruiting him to spoil the incumbent's race; Democratic nominee Mary Peltola, a former U.S. representative, denies any involvement. Gov. Mike Dunleavy has ordered a state investigation, and the U.S. attorney in Alaska says a criminal probe is ongoing.

Peltola's campaign said "no sham investigation or baseless lawsuit" would stop voters, while Sen. Sullivan told CNN on Sunday he would accept the results win or lose. Voting-rights groups praised the ruling; the ACLU's Sophia Lin Lakin called the suit "a reckless waste of taxpayer money."

More than 86,700 Alaskans have already cast early ballots, and the ranked-choice contest between Sullivan and Peltola is among the races that will decide control of the Senate. Election Day is Tuesday.