Federal judge tosses Alaska Senate ballot lawsuit

Voters in Alaska will proceed with the Nov. 3 general election under the current ballot configuration after a federal judge rejected a government effort to halt certification of the U.S. Senate race. The decision leaves two candidates named Sullivan on the ballot, a situation that has drawn scrutiny from the White House and state officials alike.

U.S. District Court Judge Sharon Gleason issued the dismissal on Sunday. Her order stated that the relief requested by the Justice Department was infeasible because many early votes had already been cast and mixed with general election ballots. This mixing process made it impossible to match specific votes to individual voters without compromising privacy.

The timeline of the dispute began with an August open primary where retired teacher Dan J. Sullivan secured approximately 2.5% of the vote. That result qualified him for the top four in the ranked-choice general election. Republican incumbent Dan S. Sullivan and Democratic challenger Mary Peltola both advanced from the primary. Peltola finished first in the primary, while the senator placed second.

The Justice Department filed its lawsuit less than two weeks before the election. The suit sought an investigation into whether votes intended for the senator were mistakenly cast for the retired teacher. State attorneys, backed by Peltola’s campaign and the Democratic Senatorial Campaign Committee, argued the case lacked legal merit and constituted federal interference.

Gleason cited the Constitution’s grant of election authority to the states and the Supreme Court’s Purcell principle, which discourages federal courts from changing election rules late in the cycle. She noted that the United States provided no workable plan to segregate ballots and conduct an investigation while preserving voter secrecy.

State officials pointed to measures already taken to distinguish the candidates, including candidate biographies in election pamphlets. They noted that the ranked-choice system allows voters to rank both Sullivans to prevent a vote for one from transferring to Peltola unless explicitly ranked to do so.

The dispute continues to evolve outside the courtroom. On Thursday, the Justice Department escalated a separate criminal investigation into the same-named candidates by issuing new grand jury subpoenas. The FBI has begun contacting donors to Dan J. Sullivan to ask if they were misled about which candidate they supported.