Judge dismisses federal bid to block Alaska Senate results

U.S. District Judge Sharon Gleason dismissed a lawsuit filed by the Department of Justice on Sunday morning. The federal government had asked the court to stop Alaska from certifying the Senate election results if Republican Sen. Dan Sullivan lost. Gleason wrote that the plan was not workable because it would require separating ballots without revealing who cast them.

The decision was issued on Nov. 1, two days before voters go to the polls. The contest is between Sen. Sullivan and Democrat Mary Peltola. It is one of the few races that will determine which party controls the U.S. Senate. The Justice Department filed its case on Oct. 22. It asked a judge to order the state to keep ballots separate for a specific candidate pending an investigation into voter confusion.

President Donald Trump said he ordered the lawsuit. He and other Republicans have argued that a second candidate named Dan Sullivan on the ballot could confuse voters. They claim the challenger, a retired teacher from Petersburg, is a sham or a hoax. The Justice Department argued that if Sen. Sullivan loses, the state should not certify the result until an investigation is complete. The attorneys wanted ballots for the challenger, Daniel J. Sullivan Jr., preserved and segregated.

The state of Alaska, represented by the Department of Law, called the idea half-baked. Officials noted that ballots do not have voters' names on them. The ballots are mixed together in a box to protect privacy. The state told the court it could not instruct poll workers to intercept ballots as voters fed them into machines. Gleason agreed, noting in her 20-page decision that the United States offered no plan to segregate ballots while preserving voter secrecy.

The Alaska Division of Elections says the ballot already lists the candidates clearly. The incumbent is listed as Dan S. Sullivan, a Republican. The challenger is listed as Daniel J. Sullivan Jr., with no party affiliation. The Alaska Supreme Court ruled this summer that the Petersburg man has the right to be on the ballot. Alaska law does not prohibit candidates from running as spoilers.

The federal government is likely to appeal the dismissal. U.S. Attorney Michael Heyman said Friday that the office is also investigating whether a crime occurred. He cited a New York Times report about a plan by Democratic operatives to recruit spoiler candidates. Heyman said there is a surge in FBI resources and resources in his office to ensure election integrity. He did not name specific criminal statutes that might apply.

State Rep. Rebecca Himschoot, an independent from Sitka, said she learned Friday that FBI agents visited at least two of her constituents. The agents spoke to residents in Sitka and Petersburg about their campaign contributions to Dan J. Sullivan. Himschoot called the visits outrageous and said her constituents felt harassed. She said the challenger is not supported by either major party. He is a retired teacher who ended up in a Supreme Court case, which generated legal fees.

The challenger Sullivan has raised about $20,000 and is $30,000 in debt. Nearly all of his contributions over $200 came from people in Petersburg. Himschoot said she was among those who donated to the candidate. A poll released Friday shows Peltola with a two-percentage point lead over the senator. The same poll shows the challenger Sullivan taking more than 4 percent of the vote.