Judge ends Justice Department bid to block Alaska Senate certification

A federal judge in Alaska dismissed a lawsuit filed by the U.S. Department of Justice on Sunday. The suit sought to prevent the state from certifying the results of the state’s U.S. Senate race if Republican incumbent Dan Sullivan loses.

The election takes place on Tuesday and features a ranked-choice system. The ballot includes Republican Sen. Dan S. Sullivan and Democratic former Rep. Mary Peltola. It also lists a third candidate named Daniel J. Sullivan Jr., a retired teacher who has campaigned minimally. A fourth candidate also shares the name Dan Sullivan.

The Justice Department filed the case less than two weeks before the election while early voting was already underway. The government requested an investigation into whether votes cast for the retired teacher were intended for the sitting senator. State officials argued the case lacked merit and that determining voter intent would violate privacy protections.

U.S. District Court Judge Sharon Gleason rejected the request in a written order. She stated that the relief the United States sought was infeasible because many voters had already cast their ballots. The judge noted that these ballots had been commingled to the point where the identity of the voter for each specific ballot could no longer be determined.

Gleason wrote that the government provided no workable plan to segregate Election Day ballots for the retired teacher and conduct an unspecified investigation while preserving voter secrecy. The dismissal clears the procedural path for the state to certify the winner once the votes are counted.

Sullivan has expressed doubt about his opponent’s claims that she was unaware of the second Sullivan’s presence on the ballot. He told CNN on Sunday that Peltola had been lying to Alaskans. He said he was sure he would lose votes to the tactic but added that he would accept the final results of the election.

Peltola maintained that she had no idea her campaign aides were involved in recruiting the retired teacher. She described the attention on the issue as a distraction from high prices caused by the war in Iran. Both candidates continued campaigning in the days leading up to the vote, with Sullivan appearing at a community event north of Anchorage on Saturday night.