Judge dismisses federal lawsuit challenging Alaska Senate race certification

U.S. District Judge Sharon Gleason dismissed a lawsuit filed by the U.S. Department of Justice that sought to prevent Alaska election officials from certifying the results of the state’s U.S. Senate race. The suit, ordered by President Donald Trump, targeted the state’s Division of Elections Director Carol Beecher, the state election board, and the ballot-counting review boards. Gleason issued the ruling on Sunday morning after allowing the case to be considered on an expedited basis without a hearing.

The Justice Department filed the lawsuit last week. The timing followed a Wednesday report by The New York Times. That report alleged that staff from the campaign of Democratic candidate Mary Peltola and the Democratic Senatorial Campaign Committee helped recruit Dan J. Sullivan, a resident of Petersburg, to run as a challenger. Dan J. Sullivan shares a name with the Republican incumbent, Sen. Dan S. Sullivan. The Peltola campaign has denied that it helped recruit the Petersburg resident.

The federal government requested that all ballots showing votes for Dan J. Sullivan be segregated for a future investigation. Gleason criticized the feasibility of this demand in her written ruling. She noted that late-breaking changes to election rules are strongly disfavored. The judge wrote that ordering the segregation of specific ballots would likely result in voter confusion and an incentive to remain away from the polls.

Attorneys for the state of Alaska, representing the defendants, argued that the federal suit had no legal basis. They further stated that the demand to segregate ballots was not even possible. Gleason sided with the Alaska Department of Law in her decision to dismiss the case.

The Justice Department did not immediately respond to a request for comment regarding whether the federal government plans to file an appeal. In a statement issued after the ruling, a spokesperson for the Alaskans for Mary campaign said Alaskans will choose their next U.S. Senator, not Dan Sullivan or his allies in Washington. The campaign added that a baseless lawsuit would not stop voters from electing Mary Peltola on November 3.

Devan Barber, executive director of the Democratic Senatorial Campaign Committee, called the ruling a victory for democracy. He said the decision sends a clear message to President Trump and Senate Republicans that no one can toss out free and fair elections just because they dislike the result.

The dismissal occurs as federal investigators continue to probe the allegations raised by The New York Times. The Justice Department launched a criminal investigation after the story was published. FBI agents have traveled to Petersburg and other locations to question donors to Dan J. Sullivan. Multiple donors confirmed they were not confused about who received their contributions. Stephen Heyman, the U.S. Attorney for the District of Alaska, declined to specify which laws may have been broken during a press conference on Friday.

Republican Gov. Mike Dunleavy, who is term-limited and leaving office next month, has ordered the Alaska Department of Public Safety to investigate the allegations. Dunleavy suggested last week that if Sen. Sullivan narrowly loses, the state will have to take a look at the results. He said the state will act if it concludes there were illegal actions, which may impact whether a candidate is seated in the U.S. Senate.