Judge rules DOJ suit to block Alaska Senate certification infeasible

The United States failed in its attempt to freeze the certification of Alaska’s U.S. Senate race on Sunday. A federal judge dismissed a Justice Department lawsuit that sought to block the official results if Republican incumbent Dan Sullivan loses to Democratic former Rep. Mary Peltola. The decision leaves the path open for Peltola to take office if she wins the Tuesday election.

The lawsuit was filed less than two weeks before the election. It targeted a retired teacher named Daniel J. Sullivan Jr. who appears on the ballot. The government sought an investigation into whether votes for the retired teacher were intended for the senator. The state of Alaska argued the case lacked merit and that determining voter intent would violate privacy.

Judge Sharon Gleason of the U.S. District Court ruled the requested relief was infeasible. She noted that many voters had already cast their ballots. Gleason wrote that the cast ballots had been commingled to the point where the identity of the person who cast each ballot could not be determined. She stated the United States provided no workable plan to segregate the ballots while preserving voter secrecy.

The dispute centers on the presence of the second Sullivan on the ballot. The senator is listed as Dan S. Sullivan. The retired teacher is listed as Daniel J. Sullivan Jr. Republicans suspect the Peltola campaign orchestrated the addition to confuse voters. A New York Times report last week cited interviews and text messages indicating a Peltola-backed operative paid to recruit decoy candidates.

Sullivan expressed doubt that Peltola was unaware of the strategy. He told CNN's State of the Union that there was no way the matter went on for a year without her knowledge. He said she got caught lying and was still lying to the Alaskan people. Peltola insisted she had nothing to do with recruiting the other Sullivan. She called the attention to the issue a distraction from high prices caused by the war in Iran.

Peltola told KTUU Friday that she honestly had no idea if someone on her campaign was involved. Her campaign and the Democratic Senatorial Campaign Committee have denied involvement. The second Sullivan has long insisted he ran on his own accord. Trump ordered his Justice Department to file the lawsuit. He also called for the Democratic candidate to be prosecuted after the Times story emerged.

Federal agents issued subpoenas in the case. The Republican governor of Alaska ordered an investigation. He suggested he may not certify a possible Peltola victory. South Carolina Sen. Tim Scott said criminal charges might make sense because collusion to confuse voters is criminal. He told NBC's Meet the Press that they know it is criminal for candidates to work in collusion with other parties.

Rep. Jamie Raskin of Maryland said candidates with the same name as others on the ballot happens all over the place. He called the strategy stupid politics but noted Peltola has said she had nothing to do with it. Sen. Bernie Sanders agreed the Democrats' move seemed pretty dumb. He said it is not illegal and is what happens in every election. Sullivan said he would let lawyers determine whether crimes were committed. He accepted the results of the election while acknowledging he was sure he would lose votes to the trickery.

Sullivan handed out candy at a trunk-or-treat event in Anchorage on Saturday night. He quipped his costume was the real Dan Sullivan. The race is one of the most closely watched in the country. The outcome will determine which party controls the Senate. Early voting is underway. The election will use a ranked-choice voting system.