Judge Tosses Bid to Block Alaska Senate Certification Days Before Vote

Judge Tosses Bid to Block Alaska Senate Certification Days Before Vote

Sunday ruling rejects bid to freeze certification

U.S. District Judge Sharon Gleason, appointed by former President Barack Obama, on Nov. 1 dismissed the Justice Department lawsuit that sought to block certification of Alaska's U.S. Senate race if Republican incumbent Dan S. Sullivan loses. The decision came two days before Election Day in a contest viewed as one of a handful that could decide Senate control for the final two years of President Donald Trump's term. According to AP, Gleason wrote in her order that the relief sought by the United States was "infeasible" because many voters had already cast ballots and those ballots had been mixed together so they could not be matched to specific voters.

Justice Department claims procedural ruling, files appeal

The Justice Department said it would appeal. According to CNBC, a department spokesperson said the court dismissed the case on procedural grounds but did not dispute the U.S. argument that Daniel J. Sullivan entered the race "as a frivolous candidate to confuse voters." The spokesperson said Alaskan voters deserved a fair election and should not be misled in an attempt to rig outcomes. Other reports said the department filed a notice of appeal on Sunday. Trump has said he directed the filing and later called it a very important lawsuit.

No standing and no workable secrecy-preserving plan

Standing was the formal basis for dismissal. According to CNBC, Gleason found the government failed to establish the redressability requirement for Article III standing. She wrote that the United States offered no workable plan for segregating ballots cast for Daniel J. Sullivan on Election Day and then conducting a court-ordered unspecified "investigation" while preserving ballot secrecy. According to AP, the already-cast ballots cannot now be linked to individual voters. According to Alaska Beacon, the decision ran 20 pages and concluded the court lacked jurisdiction, so the amended complaint must be dismissed.

Constitution leaves elections to states; late changes disfavored

Gleason also relied on the Constitution and the Supreme Court's Purcell principle. According to KSL, she found the administration's attempt to block certification ran counter to the Constitution's assignment of election administration to the states. According to The Hill, she warned that ordering segregation of certain ballots for a future unspecified law-enforcement investigation would likely cause voter confusion and discourage turnout, adding that such late-breaking changes to election rules are strongly disfavored. Attorneys for the Alaska Department of Law, representing state election officials, had asked Gleason to throw out the case and called the federal complaint "meritless."

Two Sullivans on ballot shape three-way Senate fight

The dispute centers on two similar names. The incumbent appeared as Dan S. Sullivan, Republican and incumbent, while retired teacher Daniel J. Sullivan appeared as Daniel J. Sullivan Jr. with no party affiliation on the August open-primary ballot. The Justice Department filed suit on Oct. 22, asking the court to halt certification pending an investigation into whether voters who chose the other Sullivan were confused. State courts, including the Alaska Supreme Court, had already rejected Republican-backed efforts to keep the retired teacher off the primary ballot. The three-way race pits Sullivan against Democrat Mary Peltola, a former congresswoman, with Sullivan trailing in a contest closely watched nationally.

Governor opens separate probe as reactions split sharply

The legal fight may continue outside federal court. According to NPR, Republican Gov. Mike Dunleavy has ordered an investigation and said certification could be stopped or changed if wrongdoing is found. Peltola's campaign, the Democratic Senatorial Campaign Committee and voting-rights groups argued the federal case lacked any legal basis and amounted to interference. Sophia Lin Lakin, director of the American Civil Liberties Union's Voting Rights Project, said the attempt to throw out results before ballots were counted was lawless and a waste of taxpayer money aimed at silencing hundreds of thousands of Alaska voters. Sullivan has said he will accept the result, while state officials defend timely certification.