Judge Tosses Alaska Ballot Suit
A federal judge dismissed the Justice Department's bid to set aside ballots cast for a second Dan Sullivan and hold up certification of Alaska's Senate race. The department appealed the same day.
U.S. District Judge Sharon Gleason dismissed a Justice Department lawsuit that asked her to order Alaska to separate and preserve ballots cast for Daniel J. Sullivan, a retired teacher from Petersburg who shares a name with Republican Sen. Dan S. Sullivan, and to hold up certification of the Senate race if the senator loses. President Trump said he ordered the suit. Gleason wrote that ordering such ballots set aside "so that these voters can be further investigated by law enforcement is not a remedy that this Court can or should order as it clearly violate Alaskans' right to a secret ballot." Alaska's state government had opposed the suit. The Justice Department appealed the same day and said the court ruled on procedural grounds. Separately, federal authorities say they are investigating whether a crime occurred. The race between Sullivan and Democrat Mary Peltola is one of a handful that will decide control of the Senate.
In a 20-page decision, Gleason found that the United States had not shown how its request could fix the harm it alleged while keeping ballots secret. "The absence of any explanation from the United States as to how its requested relief could redress its alleged injury while simultaneously maintaining the secrecy of the ballot is telling," she wrote. She dismissed the case for lack of standing, and she denied the government leave to amend its complaint again, according to the order and CNBC.
The suit, filed October 22, sought to delay certification if Sen. Sullivan lost and the votes cast for both Sullivans would have given him the win. The ballot lists the senator as Dan S. Sullivan, Republican incumbent, and the challenger as Daniel J. Sullivan, Jr., with no party. Alaska's courts ruled earlier this year that the challenger has the right to be on the ballot.
A Justice Department spokesperson said "the court dismissed the case on procedural grounds but did not dispute the argument of the United States" that the challenger entered the race to confuse voters, and the department filed a notice of appeal to the 9th U.S. Circuit Court of Appeals, according to CNBC, the Alaska Beacon and the filing itself. Michael Heyman, the U.S. attorney for Alaska, said Friday that federal investigators are looking into whether a crime occurred.
The New York Times reported last week that members of Peltola's team and Democratic operatives helped recruit the second Sullivan, citing her former campaign manager, who was fired. Peltola denies involvement. Sen. Sullivan said in a CNN interview that he would accept the election results. Peltola's campaign called the suit "baseless."