Alaska Judge Dismisses DOJ Bid to Halt Senate Vote Certification

Alaska’s U.S. District Court has rejected a federal effort to pause the Senate race certification process. The move removes a major legal obstacle facing the Department of Justice two days before voters head to the polls on November 3.

Judge Sharon Gleason issued a 20-page decision on Sunday morning that dismissed the lawsuit filed by the Justice Department. The federal government had asked the court to stop Alaska from certifying results if Republican Senator Dan Sullivan lost the race. The core argument was that voters might have been confused by a second candidate with a similar name on the ballot.

Gleason found the federal plan unworkable because it required separating ballots while preserving voter anonymity. “The United States provides no workable plan as to how it proposes to segregate ballots cast for Daniel J. Sullivan on Election Day and then conduct a court-ordered unspecified ‘investigation’ of those ballots in a manner that would preserve voter secrecy,” she wrote in the ruling.

The Justice Department filed the case on October 22. It sought an order to keep ballots marked for the challenger, Daniel J. Sullivan, separate pending an investigation. The department argued that confusion could swing the result if votes for both Sullivans were counted for the incumbent. President Donald Trump, who said he ordered the suit, has called the challenger a “sham” and a “hoax” for months.

The Alaska Department of Law argued the idea was “half-baked.” State officials noted that ballots are mixed in the box and do not carry voter names. They told the court it was impossible for poll workers to intercept and examine ballots before voters fed them into the machines.

The ballot lists the incumbent as Dan S. Sullivan with the Republican affiliation. The challenger from Petersburg appears as Daniel J. Sullivan, Jr., with no party label. The Alaska Supreme Court ruled in the summer that the retired teacher had the right to remain on the ballot.

A separate federal investigation into potential crimes remains active. U.S. Attorney Michael Heyman said on Friday that the FBI and his office are deploying resources to ensure election integrity. He referenced a New York Times report alleging that Democratic operatives recruited the spoiler candidate to help Democrat Mary Peltola.

State Representative Rebecca Himschoot said FBI agents visited at least two of her constituents in Sitka and Petersburg this week. The agents asked if the residents knew who they were donating to when they gave money to Dan J. Sullivan. Himschoot, an independent from Sitka, called the visits “outrageous” and said the people she serves felt harassed.

The challenger has raised about $20,000 and carries $30,000 in debt. A poll released Friday shows Peltola leading the senator by two points. The survey indicates the challenger will receive more than 4% of the vote.