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Politics · Greensboro

Judge Dismisses Federal Bid to Halt Alaska Senate Certification

U.S. District Judge Sharon Gleason ruled the Justice Department lacks standing to block the counting of votes in the contested race between Dan Sullivan and Mary Peltola.

By Maya Morris ·

Illustration for: Judge Dismisses Federal Bid to Halt Alaska Senate Certification
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A federal judge in Alaska dismissed the Trump administration's effort to stop state officials from certifying the results of the U.S. Senate race. The ruling, issued on Sunday by U.S. District Judge Sharon Gleason, removes a legal barrier that could have delayed the official counting of votes in the closely watched contest.

The Justice Department had filed the lawsuit to prevent the certification of election results. The government argued that voters may have been confused by the presence of two candidates with similar names on the ranked-choice ballot. It requested a court order to pause the certification process to allow for an investigation into that potential confusion.

Judge Gleason, an Obama nominee, found that the federal government did not have the legal authority to bring the case. The suit relied on the preamble of the National Voter Registration Act to establish standing. The judge concluded that a federal order stopping certification would likely interfere with the constitutional right to a secret ballot.

"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," Gleason wrote in the decision.

The dispute centers on the presence of Sen. Dan Sullivan, the Republican incumbent, and Daniel Sullivan Jr., an unaffiliated candidate, on the same ballot. President Trump stated he ordered the lawsuit because the similar names could lead to voter error. A New York Times report suggested Democratic operatives recruited Sullivan Jr. to spoil the race, a claim the White House and state Republicans have pushed, though NPR has not independently confirmed the details of that report.

Alaska's Republican Party previously sought to remove Sullivan Jr. from the ballot in state court. The Alaska Supreme Court rejected that effort in June, ruling that the non-incumbent had the right to run. That decision left the two candidates on the ballot for the November election.

Kiersten Pels, a Justice Department spokesperson, said the agency plans to appeal the ruling. "Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes," Pels said.

Sophia Lin Lakin, director of the ACLU's Voting Rights Project, welcomed the dismissal. She described the Justice Department's move as a reckless use of taxpayer money intended to silence voters. "DOJ's attempt to throw out Alaska's election results before a single ballot was counted was lawless from the start," Lakin said.

Gov. Mike Dunleavy of Alaska has ordered a separate state-level investigation. He indicated on Oct. 30 that the state might delay certification depending on the findings. "If we find out there's wrongdoing, and if that means that the certification then is stopped or changed, then that's what happens," Dunleavy told NewsNation. U.S. Attorney Michael Heyman confirmed an ongoing criminal probe by the Justice Department at a press conference in Anchorage on the same day.

Former Rep. Mary Peltola, the Democratic candidate, has denied involvement in recruiting the other Sullivan. Incumbent Sullivan said in a Sunday interview with CNN that he would accept the results, win or lose. More than 86,700 Alaskans have voted in early polls, and voting continues through Tuesday.

Source: WFDD Public Radio

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