Federal Judge Dismisses DOJ Suit Over Alaska's 'Decoy Dan' Senate Dispute, and the Justice Department Says It Will Appeal
Judge Sharon Gleason ruled Sunday that the government had not shown how its requested investigation could protect ballot secrecy. DOJ says the dismissal was procedural and the case now heads to the 9th Circuit.
A federal judge on Sunday threw out the Justice Department's lawsuit seeking to delay certification of Alaska's Senate election, two days before the midterms, Fox News reports. The department said it will appeal.
The ruling. U.S. District Judge Sharon Gleason said the government had not shown how the investigation it wanted could identify voters' intent while protecting ballot secrecy. She also said the relief the department sought would intrude on Alaska's responsibility to run its own elections.
The DOJ's position. The lawsuit centered on two candidates with similar names: Republican Sen. Dan S. Sullivan and challenger Daniel J. Sullivan Jr. The department wanted to delay or block certification while it looked into whether voter confusion affected the outcome. In its response, DOJ argued that the judge dismissed the case on procedural grounds without addressing its claim that Sullivan Jr. entered the race to confuse voters. The case now goes to the 9th U.S. Circuit Court of Appeals.
The wider fight. Fox says the New York Times reported that people connected to Democratic nominee Mary Peltola's campaign helped recruit Sullivan Jr. to run as a spoiler. Peltola has denied involvement, and Sullivan Jr. has denied coordinating with her campaign. Sen. Sullivan said Sunday he would accept Tuesday's results, even as the Trump administration pursues a criminal investigation into Sullivan Jr.'s candidacy. He accused the challenger of trying to confuse voters. Republican Gov. Mike Dunleavy has suggested he may not certify a Peltola victory. Sullivan declined to say whether he would back an effort to refuse certification.
What to keep in mind. Alaska uses ranked-choice voting, so if no one wins a majority in the first round, the last-place candidate is dropped and those voters' next choices are counted. The race could help decide control of the Senate. The accusations about the spoiler recruitment are claims, and the people accused deny them. Our earlier stories cover the House inquiry into the same dispute.