Judge throws out DOJ suit to delay Alaska's Senate result, two days before Election Day

A federal judge on Sunday dismissed the Justice Department's lawsuit seeking to delay certification of Alaska's Senate election if Republican incumbent Dan Sullivan loses, CNBC reported. The Guardian and Reuters carried the same ruling. The lawsuit was filed Oct. 22 and Trump has said he ordered it; the decision came two days before Election Day. DOJ quickly filed notice that it will appeal to the 9th Circuit.

What the judge actually decided

Judge Sharon Gleason, in a 20-page ruling, did not decide whether a second candidate named Dan Sullivan was recruited to confuse voters. She ruled narrowly: the federal government had not shown it had legal standing to bring a civil complaint to postpone certification.

She also wrote that DOJ's requests, including an order stopping the state from certifying, an order to segregate certain ballots and permission to investigate the intent of voters who chose "Daniel J. Sullivan," "certainly involve the time, place, and manner of Alaska's election, which are the responsibilities of the State." She noted that early ballots already cast have been commingled, so they cannot be linked back to voters, and that the government offered no workable plan to separate ballots while keeping the vote secret. She cited the Purcell principle, which cautions courts against changing election rules close to an election, and refused to let DOJ amend the complaint, calling further amendment futile.

Both sides, in their own words

A DOJ spokesperson said the court "dismissed the case on procedural grounds but did not dispute the argument of the United States" that the second Sullivan entered as a frivolous candidate to confuse voters. President Trump, who has said he ordered the suit, said after the ruling that Mary Peltola, the Democratic nominee, "should be removed from the ballot and prosecuted." Peltola's campaign and the Democratic Senatorial Campaign Committee have denied any involvement in the other candidate's run. The Peltola campaign called the lawsuit baseless; the DSCC called the ruling a victory for free and fair elections.

Sen. Sullivan told CNN's Jake Tapper before the ruling, "I'm going to accept the election results," while accusing Peltola's campaign and the DSCC of cheating. They deny it. The Guardian reports that a New York Times investigation said Peltola campaign aides helped recruit the other Sullivan, and that Peltola has said she had "no idea" whether her staff were involved. Neither claim has been proven in court; the judge expressly did not rule on it.

How the race will be counted

Alaska uses ranked-choice voting. Neither the other Sullivan nor the fourth candidate, Gerald Heikes, is considered a contender, but voters who rank them first could still affect the outcome through their second choices. Election officials list the senator on the ballot as "Dan S. Sullivan," marked "incumbent" and "registered Republican," and the other candidate as "Daniel J. Sullivan" with no description. The race is one of several that will decide Senate control, where Republicans hold a narrow majority.

Why it matters beyond Alaska

Election Day is Nov. 3. Senate control shapes tax, tariff, spending and nomination fights that reach business owners and investors. Ranked-choice tabulation can take longer than a one-night count, so a close Alaska race may not be called on election night. That is a reason for traders to expect Senate-control headlines to stay unsettled past Tuesday, and an appeal to the 9th Circuit adds legal noise but, after this ruling, no order that stops certification.

Our earlier coverage: DOJ sues over the second Dan Sullivan, and Blanche defends the lawsuit.

Sources: CNBC; The Guardian; Reuters (headline). Statements are attributed to the people who made them. This is news reporting, not investment advice.