Federal Court Dismisses DOJ Lawsuit Over Alaska Senate Election Certification

A federal judge in Anchorage on November 1 dismissed an extraordinary lawsuit filed by the Department of Justice that sought to preemptively block the certification of Alaska’s Senate election if incumbent Republican Senator Dan Sullivan loses.

U.S. District Judge Sharon Gleason issued a 20-page decision ruling that the federal government lacked legal standing to bring the civil complaint, dealing a swift blow to the administration just two days before Election Day. The Department of Justice promptly filed a notice of its intention to appeal the decision to the 9th U.S. Court of Appeals, CNBC reported.

The Core Legal Dispute and the Ballot Controversy

The federal lawsuit centered on concerns over voter confusion stemming from another candidate on the ballot who shares the incumbent senator’s name, Daniel J. Sullivan. The race features a tight contest between Republican incumbent Dan Sullivan and Democratic candidate Mary Peltola, with the outcome slated to influence the balance of power in the U.S. Senate where Republicans hold a narrow majority.

The Justice Department had asked the court to order an investigation into voter intent and potential confusion if the incumbent lost, alongside preventing the state from certifying the election under those specific circumstances. Judge Gleason rejected those requests, pointing out profound logistical flaws in the federal plan.

The absence of any explanation from the United States as to how its requested relief could redress its alleged injury while simultaneously maintaining the secrecy of the ballot is telling, Gleason wrote in her ruling.

Early voting in Alaska was already underway, and ballots already cast had been commingled in a way that would prevent officials from linking individual ballots back to specific voters. Furthermore, the judge noted that the federal government provided no workable plan for how it proposed to segregate ballots cast for Daniel J. Sullivan on Election Day without jeopardizing voter secrecy.

State Sovereignty and Election Timing

David Becker, executive director of the Center for Election Innovation & Research (CEIR), released a statement characterizing the decision as a decisive win for local governance.

Usa election alaska
Photo: cnbc.com

“Today’s ruling marks a victory for Alaska state sovereignty and Alaskan voters,” Becker stated. “By soundly rejecting the administration’s unlawful and now unsuccessful attempt to interfere, the court concurred with the State of Alaska that this is purely a matter of state law and that, under the US Constitution, the federal government has no role in determining how Alaska certifies its Senate election.”

Judge Gleason also cited a Supreme Court decision establishing the Purcell principle, which strongly cautions against federal courts altering election rules on the eve of an election. While the DOJ argued it was not attempting to change the time, place, or manner of the election, the court found that requesting post-election injunctions and ballot segregation orders amounted to interference on the cusp of voting.

Reactions From the Campaigns

The legal battle has unfolded alongside intense political maneuvering. CNBC noted that the U.S. Attorney for Alaska announced ongoing criminal and civil investigations into the decision of non-incumbent Daniel J. Sullivan to run for the Senate, while Peltola’s campaign has faced accusations of encouraging the retired schoolteacher to enter the race to draw votes from the incumbent.

Federal Judge Dismisses Trump Administration Lawsuit Over Alaska Senate Election | AC1D

The Peltola campaign has denied those claims, issuing a sharp rebuke of the federal legal challenge following Sunday’s court decision.

No sham investigation or baseless lawsuit from a weaponized Department of Justice is going to stop Alaskans from electing Mary on November 3rd so she can lower costs for Alaska’s working families, the campaign said in a statement.

With the federal lawsuit dismissed and appeals pending, Alaskan election officials are proceeding with preparations for Tuesday’s vote under the state’s ranked-choice voting system, leaving the decision squarely in the hands of local voters.