Federal judge dismisses DOJ bid to block Alaska Senate certification

A federal judge in Juneau, Alaska, dismissed a lawsuit filed by the Department of Justice on Sunday, clearing the path for the state to certify the U.S. Senate race. The case had sought to halt certification if Republican incumbent Dan Sullivan lost to Democratic challenger Mary Peltola.

U.S. District Court Judge Sharon Gleason, appointed by former President Barack Obama, determined that the relief requested by the United States was infeasible. She noted that many voters had already cast their ballots, which were mixed in a way that prevented matching them to specific individuals without violating privacy.

The Justice Department filed the suit less than two weeks before the election. It requested an investigation into whether votes cast for retired teacher Dan J. Sullivan were intended for the senator. The state of Alaska argued the case lacked merit and that determining intent would require intrusive measures.

Gleason wrote in her order that the federal government provided no workable plan to segregate ballots cast for Daniel J. Sullivan on Election Day. She stated that conducting a court-ordered investigation in a manner that preserved voter secrecy was not possible given the current status of the ballots.

Attorneys for the state, Peltola’s campaign, and the Democratic Senatorial Campaign Committee argued the lawsuit amounted to interference. For months, Sullivan and his allies, including President Donald Trump, portrayed Dan J. Sullivan as a sham candidate designed to confuse voters and assist Peltola.

In the week before Election Day, The New York Times reported that Peltola’s campaign was involved in recruiting the second Sullivan. Dan J. Sullivan said in June that he had no contact with the campaign about running. He did not immediately respond to a request for comment on the report.

Peltola’s campaign stated it had no involvement with either Sullivan campaign. During a recent event, Peltola said, “I am not interested in tricking voters.” State courts, including the Alaska Supreme Court, had previously rejected Republican-backed efforts to block the retired teacher from the August primary ballot.

Both candidates appear on the general election ballot with identical formatting. Dan J. Sullivan received about 2.5% of the primary vote, enough to finish in the top four and qualify for the Nov. 3 ranked-choice election. Peltola placed first in the primary, followed by the senator.

Alaska’s ranked voting system allows voters to rank the two Sullivans as first and second choices. Attorneys for the state argued that if a voter’s first-ranked Sullivan is eliminated, the vote transfers to the other Sullivan, not automatically to Peltola. This counters the complaint’s assertion that votes would transfer to the Democrat.

The Justice Department escalated a criminal investigation on Thursday regarding the same-named candidates. The agency issued new grand jury subpoenas, according to a person familiar with the matter. The FBI has begun contacting donors to Dan J. Sullivan to ask if they were misled about which candidate they were supporting.