A federal judge in Alaska has kept on a fast track efforts to dismiss a Department of Justice lawsuit that seeks to delay certification of the state's Senate election over potential voter confusion from having two candidates named Dan Sullivan on the ballot. Judge Sharon Gleason has ordered the DOJ to respond by Friday afternoon to new dismissal motions filed after the department amended its complaint, and she could rule before Election Day on Tuesday.
Judge Sharon Gleason ruled that prior dismissal motions were moot after the DOJ filed an amended complaint on Thursday adding a claim under the Supremacy Clause to its original claim under the National Voter Registration Act. She gave state election officials, Democratic nominee Mary Peltola's campaign, and other groups until noon Saturday to reply to the DOJ's response.
The state, Peltola's campaign and other intervenors argue the DOJ has no legal authority to block certification of an election because two candidates on a four-candidate ballot share a name. The state's dismissal motion says the amended lawsuit “rests on the same meritless theory that the National Voter Registration Act (NVRA)—a voter registration law—governs this case, which has nothing to do with voter registration.”
Peltola's campaign, in its motion, said the DOJ "has filed an Amended Complaint that does nothing to address the fatal problems that preclude it from bringing this case or obtaining the relief that it seeks."
The lawsuit was updated after a New York Times article reported that aides from Peltola's campaign and the Democratic Senatorial Campaign Committee helped recruit Daniel J. Sullivan, a retired school teacher, to enter the race with the hope of drawing votes from the incumbent. Both deny being involved.
The Alaska Senate race could determine which party holds a majority in the chamber; Republicans currently have 53 seats. The state uses ranked choice voting, and only incumbent Senator Dan Sullivan and Peltola are considered likely to draw large shares of the votes in the four-candidate field.
Analysis
Why This Matters
- The judge's decision could determine whether Alaska's Senate election is certified on time, potentially affecting Senate control.
- The case tests federal authority over state election procedures.
- Voter confusion from identical ballot names is a recurring issue, and this lawsuit could set a precedent.
Background
The Alaska Senate race features incumbent Republican Dan Sullivan, Democratic nominee Mary Peltola, and two other candidates, including Daniel J. Sullivan, who shares the incumbent's name. The DOJ sued on October 23 to delay certification if voter confusion from the dual candidacy could have affected the outcome. Alaska uses ranked choice voting, and only the incumbent and Peltola are considered likely to win substantial vote shares.
Key Perspectives
Department of Justice: argues the dual candidacy may confuse voters and seeks to delay certification under the NVRA and Supremacy Clause.
State of Alaska: contends the DOJ has no statutory authority to intervene in election certification, citing constitutional separation of powers.
Peltola Campaign: denies involvement in recruiting the second Sullivan and says the DOJ's legal claims are indefensible.
What to Watch
- Whether Judge Gleason rules on the dismissal motions before Election Day on Tuesday.
- The outcome of the Senate race and whether it triggers a certification delay.
- Any additional details about the recruitment of Daniel J. Sullivan.