Federal judge rejects DOJ bid to pause Alaska Senate vote
The court ruled the government lacked the power to isolate ballots cast for a minor candidate with a similar name to the incumbent.
By Sakura Novak ·
Two candidates named Dan Sullivan appear on the ballot for the Alaska Senate seat in the Tuesday midterm election. This duplication became the center of a federal legal battle that ended in dismissal by a US District Court judge. The case sought to delay the certification of results if the Republican incumbent loses the three-way race.
The US Department of Justice filed the suit, arguing that the presence of two candidates with the same first and last name could cause voter confusion. The department claimed this confusion would siphon support away from incumbent Senator Dan S. Sullivan. The other candidate is Daniel J. Sullivan, an independent with no party affiliation. Democrat Mary Peltola completes the field.
Judge Sharon Gleason ruled that the federal government does not have the authority to force Alaska to segregate and investigate specific ballots. She noted that the government failed to provide a workable plan for isolating votes cast for Daniel J. Sullivan while preserving voter secrecy. Gleason wrote that the United States proposed no clear method for conducting such an investigation in a manner that would keep the ballot secret.
The judge also cited timing as a factor in her decision. With the election only days away, she found that the move would be too late. Many Alaskan voters have already participated in early voting or cast ballots by mail. The ruling affirmed that Alaska voters retain the right to a secret ballot regardless of the federal government's intervention.
The Justice Department announced it would appeal the decision. In a statement, the agency said the court dismissed the case on procedural grounds. The department maintained that Daniel J. Sullivan entered the race as a frivolous candidate designed to confuse voters. Officials described the candidate as a decoy who entered the race with the intent to mislead the electorate.
President Donald Trump said he directed the Justice Department to file the suit last month. He described the candidate as a fake, distinguishing between the incumbent Daniel S. and the challenger Daniel J. Senator Dan S. Sullivan and his allies have accused Democrats of trying to confuse voters in the race. Last week, reports indicated that members of Peltola's team worked with individuals who attempted to recruit spoiler candidates. Peltola has denied knowledge of any scheme behind the candidates' entry into the race.
Analysts consider this one of the tightest contests in the upcoming midterms. The outcome will help determine which party controls Congress for the final two years of the current presidential term. The legal dispute adds a layer of complexity to a race where margins are expected to be narrow.
