Federal judge tosses Justice Department suit over Alaska Senate ballot

A federal judge dismissed a lawsuit on Sunday that sought to halt the certification of Alaska's U.S. Senate race if the Republican incumbent loses.

The case was filed by the Justice Department less than two weeks before the Tuesday election. It asked for an investigation into whether votes cast for Dan J. Sullivan were meant for the sitting senator, Dan S. Sullivan. The state of Alaska argued the lawsuit lacked merit and that determining voter intent would violate privacy.

U.S. District Court Judge Sharon Gleason wrote that the relief requested was infeasible because many voters had already cast ballots. She noted the government provided no workable plan to segregate Election Day ballots and conduct an unspecified investigation while preserving voter secrecy. Gleason cited the Purcell principle, which advises against changing election rules close to the date, and stated the federal effort ran counter to state authority over elections.

The Justice Department filed a notice shortly after the ruling that it would appeal the decision. A department spokesperson said Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The statement added that the judge dismissed the case on procedural grounds but did not dispute the argument that Dan J. Sullivan entered the race as a frivolous candidate.

Dan S. Sullivan is facing Democrat Mary Peltola in a race expected to determine Senate control for the final two years of President Donald Trump's term. Dan J. Sullivan is a retired teacher who has done little campaigning. His presence on the ballot prompted the lawsuit after Trump expressed fear he would siphon votes from the incumbent.

Sullivan said earlier on Sunday that he expects to lose a lot of votes to the other candidate. He said he doubted Peltola's claims that her aides were not involved in recruiting the decoy candidate. Sullivan stated there was no way the scheme went on for a year without Peltola knowing. Peltola's campaign said no sham investigation would stop Alaskans from electing her on Nov. 3. The campaign also noted a federal probe disclosed after Trump said last week he wanted Peltola prosecuted.

Both Sullivans appear the same way on the general election ballot. In the August primary, Dan J. Sullivan received about 2.5% of the vote, enough to qualify for the top four. State courts, including the Alaska Supreme Court, had previously rejected an effort to block him from the primary ballot. The Alaska Department of Law called the federal complaint meritless. Attorneys for the state did not immediately return messages seeking comment.

The Justice Department issued new grand jury subpoenas on Thursday to escalate its criminal investigation. The FBI has contacted people who donated to Dan J. Sullivan. Kristen Clarke, general counsel of the NAACP, called the ruling a big win for voters. She described the DOJ's case as a baseless, eleventh-hour attempt to hijack the midterm election.