A federal judge on Sunday threw out a Justice Department lawsuit seeking to set aside and investigate ballots in Alaska’s Senate race, two days before the midterms. The case centers on a second candidate named Dan Sullivan, who is on the ballot against Republican Sen. Dan Sullivan.
The Justice Department said it will appeal.
What Did The Judge Rule?
U.S. District Judge Sharon Gleason, who was appointed by President Barack Obama, ruled that the federal government lacks standing to bring the lawsuit. She found that the remedy it requested would not fix the harm it described, which is voter confusion.
Gleason also said that separating ballots would violate Alaska voters’ right to a secret ballot, and that the Justice Department never offered a “workable plan” to do it, particularly because some residents had already voted. “Such late-breaking changes to the election rules are strongly disfavored,” she said.
What Did The Justice Department Want?
The department asked the court to order Alaska to preserve and segregate all ballots ranking Daniel J. Sullivan, to block certification of the results in certain circumstances, and to allow the United States to investigate the intent of the voters who chose him.
The scenario it described is specific. If Sen. Sullivan loses by fewer votes than were cast for Daniel J. Sullivan, the department argued, giving those votes to the senator could change the outcome under ranked-choice voting. DOJ officials said they needed the order to investigate whether Democrats deliberately recruited a candidate with the same name as the Republican incumbent to confuse voters. President Donald Trump has said he ordered the lawsuit.
Who Are The Two Dan Sullivans?
Sen. Dan Sullivan is the Republican incumbent, listed on the ballot as “Sullivan, Dan S.” He is running against Democratic nominee Mary Peltola, a former congresswoman who narrowly lost her House seat in 2024. The third candidate is listed as “Sullivan, Daniel J. Jr.” and is a retired schoolteacher from Petersburg, Alaska. His critics call him “Decoy Dan.”
Alaska uses ranked-choice voting. If no candidate wins a majority in the first round, the last-place candidate is eliminated and voters’ next choices are counted.
What Are The Allegations?
The New York Times reported last week that operatives connected to Peltola’s campaign and senior aides at the Democratic Senatorial Campaign Committee helped recruit candidates named Dan Sullivan, and that Daniel J. Sullivan Jr. was the one who entered the race. Gov. Mike Dunleavy said the reporting included details state officials did not have when they challenged the second Sullivan’s candidacy this summer. He said his administration is investigating.
Peltola has denied any involvement. She has said she “knew nothing” about a recruitment effort and called the controversy a distraction. Sen. Sullivan has called it a “scandal at the highest order” and said Peltola is “still lying.” The Justice Department and the FBI are investigating, and the department amended its lawsuit Friday to include the Times report.
These are allegations. None has been proven in court.
What Has Trump Said?
On Wednesday, Trump posted on Truth Social that “the Democrats in Alaska illegally searched for, and recruited, a man named Dan Sullivan to run against our distinguished Republican Senator.” He has called for Peltola to be criminally charged and removed from the ballot.
What Happens If The Race Is Close?
With the lawsuit dismissed, Alaska will count and tabulate ballots under its normal procedures. No ballots will be set aside, and the federal government has no court order allowing it to block certification.
That could change on appeal. The Justice Department filed a notice of appeal quickly after the ruling. The ruling also does not end the criminal investigation into how the second Sullivan got on the ballot.
Have Other Courts Rejected Similar Efforts?
Yes. On Friday, a federal appeals court rejected a Justice Department demand that California election officials set aside ballots from 20,000 people the administration claims could be noncitizens. Judges there also noted that votes had already been cast. Late Friday, a separate federal judge issued an emergency order restricting the Justice Department and the Department of Homeland Security from demanding that election officials in any state segregate ballots, purge voters from rolls, or halt ballot processing.
What Happens Next?
Alaska votes Tuesday. The results will be calculated under ranked-choice rules, and a close margin could mean waiting for later rounds of counting. The Justice Department’s appeal, the criminal probe, and the dispute between Sullivan and Peltola will continue regardless of the outcome.
