A federal judge on Sunday rejected the Justice Department’s effort to delay certification of Alaska’s Senate election, turning down the Trump administration’s request just two days before the midterms. The department said it would appeal.
The lawsuit focused on two candidates with similar names: Republican Sen. Dan S. Sullivan and challenger Daniel J. Sullivan Jr. The Justice Department wanted certification paused while it investigated whether the resemblance may have confused voters and affected the result.
U.S. District Judge Sharon Gleason said the government had not explained how it could determine voters’ intentions without compromising ballot secrecy. She also concluded that the requested intervention would intrude on Alaska’s authority to administer its elections.
The department said Gleason dismissed the case on procedural grounds without considering its allegation that Sullivan Jr. entered the race to mislead voters. The case is now headed to the 9th U.S. Circuit Court of Appeals.
The dispute has stirred the campaign in recent days. The New York Times reported that people connected to Democratic nominee Mary Peltola’s campaign helped recruit Sullivan Jr. as a potential spoiler. Peltola has denied involvement, and Sullivan Jr. has said he did not coordinate with her campaign.
Sen. Sullivan said Sunday he would accept the results of Tuesday’s election. At the same time, the Trump administration is pursuing a criminal investigation into Sullivan Jr.’s candidacy. Sullivan has accused his challenger of trying to confuse voters.
Republican Gov. Mike Dunleavy has suggested he might refuse to certify a Peltola victory. Sullivan, asked about efforts to block certification, declined to say whether he would support them.
The closely watched contest could help determine which party controls the Senate. Alaska uses ranked-choice voting: if no candidate wins a majority in the first count, the last-place candidate is eliminated and voters’ next choices are counted.
