A federal judge dismissed the Justice Department’s lawsuit seeking to stop certification of Alaska’s U.S. Senate race, ruling the federal government had no legal standing to bring the case.
U.S. District Judge Sharon Gleason, an Obama appointee, issued the decision Sunday, two days before Election Day. The Justice Department is expected to appeal.
The lawsuit had asked the court to block Alaska from certifying the race if Republican Sen. Dan Sullivan loses, pending an investigation into whether voters confused him with Daniel J. Sullivan, an unaffiliated candidate from Petersburg. A follow-up filing sought to segregate every ballot that ranked a Dan Sullivan.
In August’s primary, Democrat Mary Peltola led with 49.5 percent, Sullivan followed at 41.4 percent, and Daniel J. Sullivan took 2.5 percent.
The government’s complaint relied solely on the National Voter Registration Act. Alaska countered that the law governs registration, not certification, and pointed out that the state’s ranked-choice system lets any confused voter simply rank both Sullivans.
Gleason’s ruling noted the timing of the suit: the department sued after voting had already begun, nearly four months after the Alaska Supreme Court ruled Daniel J. Sullivan could remain on the ballot.
Sullivan’s own campaign said it had no advance knowledge the suit was coming. Republican Sen. Lisa Murkowski, who has endorsed Sullivan, said the Justice Department should never have filed it in the first place.
Separately, Republican Gov. Mike Dunleavy ordered a state investigation after a report alleging Democrat operatives helped recruit Daniel J. Sullivan into the race. That report has not been independently confirmed. Dunleavy has said certification could be halted or altered if the investigation finds wrongdoing. Peltola and the Democratic Senatorial Campaign Committee deny any involvement.
