Alaska seeks dismissal of federal election lawsuit by Monday

ANCHORAGE, Alaska. State attorneys filed a motion on Monday to dismiss a federal lawsuit that seeks to halt the certification of the ongoing U.S. Senate election in Alaska. The Department of Justice filed the suit last week at the direction of President Donald Trump. The complaint asks the U.S. District Court for the District of Alaska to prevent the Alaska Division of Elections from declaring a winner unless the victor is incumbent Republican Sen. Dan S. Sullivan.

The legal dispute began when the federal government filed its complaint earlier this week. The DOJ argues that voters may be confused by the presence of an unaffiliated candidate from Petersburg named Dan J. Sullivan. If the federal government prevails, the state cannot declare anyone but Sen. Dan S. Sullivan the winner until a subsequent investigation is complete.

State assistant attorneys general Margaret Paton Walsh and Laura Fox filed the dismissal motion late Monday. They cited a September ruling by the U.S. Supreme Court in their filing. Walsh and Fox stated that the United States lacks authority to intervene in state elections. They added that lower federal courts should not alter election rules on the eve of an election.

“This Court should follow the well established principle that ‘lower federal courts should not “alter the election rules” of a state “on the eve of an election,”’ and swiftly dismiss the complaint,” the state attorneys wrote. They argued the federal complaint has no legal basis and would interfere with the timely certification of results.

Judge Sharon Gleason, an Obama appointee presiding over the case, issued an order shortly before noon Tuesday. The federal government must submit written arguments against the dismissal request by 3 p.m. Thursday. The state has until noon Friday to offer a rebuttal. The state has asked Gleason to rule on the motion no later than Monday, the day before Election Day.

The DOJ suit has also been challenged by two nonpartisan groups, the campaign of Democratic Senate candidate Mary Peltola, and a national Democratic group. Those parties also asked Gleason to dismiss the federal government’s case.

Election analysts rate the Alaska Senate race as a toss-up. Cook Political Report says Democrats are favored in 13 open Senate seats this year. If Democrats win four of seven toss-up races, they will control the chamber. Sabato’s Crystal Ball forecasts that Peltola is favored to win the race in Alaska.