Judge Throws Out DOJ Suit Over Alaska Senate Ballots

A federal judge in Alaska on Sunday (Nov 1) dismissed a US Justice Department lawsuit that sought to hold back certain Alaska Senate ballots and block certification of the race if Republican Senator Dan Sullivan loses, NBC News reported. The ruling came two days before the midterm elections on Tuesday (Nov 3).

US District Judge Sharon Gleason threw out the case, which President Donald Trump said he had ordered. The suit asked the court to order election officials to keep and set aside ballots that ranked a second candidate named Sullivan, so investigators could check whether voters had confused the two men.

Judge cites secret ballot

Gleason wrote that setting ballots aside for law enforcement to examine would “clearly violate Alaskans’ right to a secret ballot”, according to NBC News. Newsweek reported that she found the National Voter Registration Act, which the suit relied on, does not give the federal government a cause of action for the claim. She also said the government never explained how its proposed remedy would fix the injury it alleged while keeping ballots secret.

A department spokesperson described the dismissal as being on procedural grounds and said the department would appeal. Alaska’s Republican-led state government had asked the judge in a Saturday filing to reject the effort, with state lawyers arguing that setting ballots aside was impractical and could conflict with voter privacy.

Two Sullivans on Alaska Senate ballots

The ballot lists the incumbent as a registered Republican alongside Daniel J. Sullivan Jr., who has no party listed. The second Sullivan is a retired teacher from Petersburg who switched his registration from Republican to undeclared. Also in the race are Democrat Mary Peltola, a former US Representative, and Republican Gerald Heikes.

The Alaska Division of Elections initially removed the second Sullivan from the ballot, but a state judge reversed that decision and the Alaska Supreme Court upheld the reversal in June. The New York Times reported that people working with Peltola’s campaign and aides at the Democratic Senatorial Campaign Committee (DSCC) helped recruit him. Peltola’s campaign and the DSCC deny this.

Senator Sullivan told CNN the Democrats’ effort was “rigged and corrupt” but said he would accept the election results. DSCC executive director Devan Barber called the ruling a win for democracy, while NAACP general counsel Kristen Clarke, whose group filed an amicus brief, described the suit as a last-minute attempt to hijack the midterm election.

Appeal and investigations continue

Beyond the appeal, a federal criminal probe is continuing. The Justice Department has issued grand jury subpoenas, and US Attorney Michael Heyman has confirmed the investigation without naming any targets or possible offences. Separately, Alaska’s Bureau of Investigation and the state Department of Law are looking into the alleged recruitment.

Newsweek reported that certification could still become an issue depending on the outcome of the state investigation. Alaskans go to the polls on Tuesday (Nov 3).

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