Judge tosses Alaska Senate lawsuit

U.S. District Judge Sharon Gleason dismissed a federal lawsuit on Sunday that sought to block the certification of the Alaska U.S. Senate race if Republican incumbent Dan Sullivan loses.

The Justice Department filed the suit less than two weeks before the November 3 election, asking for an investigation into votes cast for retired teacher Dan J. Sullivan. The state of Alaska and Democratic candidate Mary Peltola argued the case lacked merit and violated voter privacy. Gleason agreed, stating the requested relief was infeasible because many voters had already cast their ballots. She noted the government provided no workable plan to segregate ballots while preserving voter secrecy.

The lawsuit centered on the presence of two candidates with the surname Sullivan on the ballot. Incumbent Sen. Dan S. Sullivan is a Republican and ally of President Donald Trump. Dan J. Sullivan is a retired teacher who entered the race in June. The president pushed for the legal action, fearing the second candidate would siphon votes from the incumbent.

In the August primary, Peltola finished first, followed by Sen. Sullivan. Dan J. Sullivan received about 2.5% of the vote, placing him in the top four and securing a spot on the November 3 ranked-choice ballot. Both men appear on the general election ballot under the same first and last name, differing only by their middle initial.

State courts, including the Alaska Supreme Court, previously rejected Republican efforts to remove Dan J. Sullivan from the primary ballot. He ran as a Democrat in the primary, listing his name as Daniel J. Sullivan Jr. With no party affiliation, while the senator ran as a Republican.

Sen. Sullivan said on Sunday that he expected to lose a significant number of votes to the other candidate. He disputed Peltola's claim that her aides did not recruit Dan J. Sullivan, stating, 'There is no way this went on for a year that they weren’t informing her.' Peltola responded to a New York Times report detailing her campaign's involvement by saying, 'I am not interested in tricking voters.'

The Justice Department escalated a criminal investigation on Thursday by issuing new grand jury subpoenas. The FBI has contacted donors to Dan J. Sullivan to ask if they were misled about which candidate they supported. The Republican governor of Alaska has ordered an investigation into the matter and suggested he may not certify a potential victory for Peltola.