Alaska State Senate: Judge dismisses Justice Department lawsuit over Sullivan’s name

A federal judge on Sunday dismissed a Justice Department lawsuit seeking to delay the certification of Alaska’s Senate election due to potential voter confusion because two candidates named Dan Sullivan were listed on the ballot, one of whom is a Republican incumbent.

The ruling came two days before Election Day and two days after the U.S. Attorney for Alaska announced that a criminal and civil investigation is underway into the decision of non-incumbent Dan J. Sullivan to run for the U.S. Senate.

The ruling was a victory for Democratic candidate Mary Peltola’s campaign, which along with state election officials had asked Judge Sharon Gleason in U.S. District Court in Anchorage to dismiss the Justice Department’s lawsuit.

Mr. Peltola’s campaign is accused of recruiting incumbent U.S. Sen. Dan S. Sullivan and former teacher Dan Sullivan to run against Mr. Peltola in the Senate race. Her campaign denied those claims.

Gleason said the federal government has not established legal standing to file a civil suit to delay certification of the election if Sen. Sullivan loses.

At that time, the Justice Department wanted to investigate voter intent and the potential for confusion by having both Dan Sullivans on the ballot.

“The lack of any explanation from the United States as to how the requested relief could relieve the injury charges while maintaining the secrecy of the ballots is telling,” Gleason wrote in his 20-page ruling.

The judge also noted that the Justice Department argued it was not seeking to change “the time, place, or manner of elections in Alaska.”

But at the same time, Gleason said the Justice Department was seeking an order against her “preventing the violation of state power.”
An election cannot be certified if certain circumstances occur. A court order requiring the state to segregate and preserve certain ballots. There was also a court order allowing the United States to conduct an investigation into the intentions of voters who voted for Daniel J. Sullivan. ”

“These requests do include the timing, location and manner of Alaska’s elections, and that is the responsibility of the state, not the executive branch of the federal government,” Gleason said.

President Donald Trump said he ordered the lawsuit, which was filed more than a week ago.

Mr. Trump claimed that Mr. Peltola and other Democrats had scouted former school teachers as candidates in hopes of confusing voters who were planning to vote for Sen. Sullivan.

The New York Times on Wednesday reported that Peltola campaign aides and DSCC aides were involved in efforts to recruit retirees to the race.

Mr. Peltola’s campaign and the Democratic Senatorial Campaign Committee deny any involvement in his campaign.