Judge blocks DOJ move on Alaska Senate race

Alaska has one of the most complex Senate races in the country, and a federal court has now intervened to stop the government from interfering with the final count.

U.S. District Judge Sharon Gleason issued a ruling on Sunday that dismissed the Trump administration's lawsuit. The case sought to block state officials from certifying the election results if Republican incumbent Sen. Dan Sullivan loses. The Department of Justice had argued that two candidates with similar names on the ranked-choice ballot confused voters. Judge Gleason determined the federal government did not have the legal power to bring the suit, relying on the preamble of the National Voter Registration Act.

The court found that stopping the certification process would likely violate the right to a secret ballot. Gleason, an appointee of former President Barack Obama, noted that the government failed to explain how its requested remedy could fix the alleged harm while keeping ballots private. She wrote that the lack of explanation regarding how to maintain ballot secrecy was telling.

The Justice Department said it plans to appeal the decision. Spokesperson Kiersten Pels told NPR that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. Voting rights groups that supported Alaska in the case praised the ruling. Sophia Lin Lakin, director of the ACLU's Voting Rights Project, described the lawsuit as a lawless attempt to silence voters before ballots were counted.

President Trump stated he ordered the lawsuit because Sen. Dan Sullivan and independent candidate Daniel Sullivan Jr. share a similar name. Alaska Republicans previously tried to remove Sullivan Jr. from the ballot in state court. The Alaska Supreme Court rejected that effort in June, ruling that Sullivan Jr. has the right to run. Allegations that Democrats supported Sullivan Jr. to split the vote have persisted throughout the campaign. A report by The New York Times detailed efforts by Democratic operatives to recruit Sullivan Jr., though NPR has not independently confirmed those details.

Republican Gov. Mike Dunleavy ordered an investigation into the race. He said on Oct. 30 that certification might be stopped or changed if the investigation finds wrongdoing. U.S. Attorney Michael Heyman announced at an Oct. 30 press conference in Anchorage that the Justice Department is conducting an ongoing criminal probe. Democratic candidate Mary Peltola has denied any involvement in the controversy.

Incumbent Sen. Dan Sullivan told CNN on Sunday that he will accept the election results whether he wins or loses. The dispute has not prevented Alaskans from voting. The state's Division of Elections reports that more than 86,700 voters have already cast ballots during early voting. Voting continues through Tuesday's Election Day.

The next step is the Justice Department's appeal. State officials will continue the certification process unless the higher court grants a stay. The criminal investigation ordered by the governor and the federal attorney remains active alongside the electoral timeline.