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Developing story
A federal judge on Nov. 1 threw out a Justice Department lawsuit that sought to delay certification of Alaska’s Senate election. The Justice Department says it will appeal, two days before voters decide a tight race that could affect control of the Senate.
A federal judge on Nov. 1 dismissed a Justice Department lawsuit seeking to delay certification of Alaska’s Senate election, according to CNBC and the Washington Examiner. The suit cited possible voter confusion from two candidates named Dan Sullivan on the ballot. One is the Republican incumbent.
Judge Sharon Gleason, in a 20-page decision, ruled the government had not shown it had legal standing. She also refused to let DOJ amend the suit again, writing that further changes would be futile.
Gleason said the relief DOJ sought involves the “time, place, and manner” of the election, which she called state responsibilities. According to CNBC, DOJ had asked for an order blocking certification under certain circumstances, an order requiring the state to segregate and preserve certain ballots, and permission to investigate the intent of voters who chose the second Sullivan.
A Justice Department spokesperson said the court dismissed the case on procedural grounds, and the department plans to file a notice of appeal, CNBC reported.
Trump has stated that he directed the filing of the lawsuit, which was submitted on Oct. 23. According to CNBC, The New York Times reported on Wednesday, Oct. 28, that staff members for Democratic nominee Mary Peltola and the Democratic Senatorial Campaign Committee took part in attempts to persuade a retired schoolteacher to enter the race.
According to CNBC, DOJ later amended the suit to add a new legal claim and details from the Times article. Peltola’s campaign and the DSCC deny involvement in his campaign. Peltola’s campaign called the suit “baseless.”
CNBC reported that two days before the ruling, the U.S. Attorney for Alaska said criminal and civil investigations were under way into the second Sullivan’s decision to run.
Sen. Dan Sullivan said on CNN before the ruling that he would accept the results if he lost. The winner will be determined by ranked-choice voting. Election Day is Nov. 3.
This story is developing and will be updated.
What it means for you
- If the appeal moves forward, the fight over the ballot could continue past Election Day on Nov. 3.
- The judge said ballot rules are state responsibilities, which suggests Alaska’s election officials, not federal prosecutors, will run the vote and certification.
- With the race between Sen. Dan Sullivan and Mary Peltola tight, CNBC reports the result could decide which party holds the Senate majority.