Judge bars federal move to halt Alaska Senate vote certification

U.S. District Judge Sharon Gleason ruled Sunday that the federal government cannot stop state officials in Alaska from certifying the results of the U.S. Senate race. The decision dismisses a lawsuit filed by the Trump administration that sought to pause the certification process to allow for a deeper review of the ballot.

The Justice Department initiated the legal action over concerns that two similarly named candidates on the ranked-choice ballot might confuse voters. The administration argued that this confusion constituted an injury to the federal government, citing the preamble of the National Voter Registration Act. The court rejected this interpretation of the statute.

Gleason, a nominee of former President Barack Obama, determined that the federal government does not have the authority to bring this specific type of lawsuit. She found that the relief requested by the United States would likely infringe upon the constitutional right of Alaskan voters to cast a secret ballot.

The judge noted that the government failed to explain how its requested order could fix the alleged injury while keeping the ballot secret. Gleason wrote that the absence of any explanation from the United States on this point was telling. The ruling clears the path for state officials to proceed with counting and certifying votes without federal interference.

The Justice Department intends to appeal the decision. Kiersten Pels, a spokesperson for the department, told NPR that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The department has indicated it will pursue the case in a higher court.

The controversy centers on the presence of two candidates named Sullivan on the ballot. Sen. Dan Sullivan is the Republican incumbent. Daniel Sullivan Jr. is a non-affiliated candidate who ran in the general election. The Alaska Republican Party had previously tried to keep Sullivan Jr. off the ballot in state court. The Alaska Supreme Court ruled in June that he had the right to run.

Republican leaders in Alaska have long alleged that Democrats supported Sullivan Jr. to spoil the incumbent's chances. A recent report from The New York Times detailed efforts by Democratic operatives to recruit Sullivan Jr., though NPR has not independently confirmed those details. Gov. Mike Dunleavy has ordered an investigation into the matter and suggested certification could be delayed if wrongdoing is found.

During an October 30 interview with NewsNation, Dunleavy stated that if the investigation reveals wrongdoing, certification might be stopped or changed. U.S. Attorney Michael Heyman confirmed at a press conference in Anchorage that the Justice Department is conducting an ongoing criminal probe. The Democratic candidate, former Rep. Mary Peltola, has denied any involvement in the recruitment of Sullivan Jr.

More than 86,700 voters in Alaska have cast ballots during the early voting period, according to the Division of Elections. Voting continues through Tuesday, November 3. Sen. Sullivan told CNN on Sunday that he will accept the election results regardless of the outcome. The next step is the state's certification process, which will now proceed without a federal stay.