Federal judge dismisses Trump DOJ lawsuit seeking to block Alaska Senate certification if Republican incumbent loses

Judge Sharon Gleason dismissed the lawsuit on Sunday, finding that the federal government lacks the ability to bring the suit.

President Trump said he ordered the lawsuit because two of four Senate candidates on Alaska’s ballot share the name Sullivan: Sen. Dan Sullivan, the Republican incumbent, and Daniel Sullivan Jr., who is not affiliated with a political party. The Justice Department cited the preamble of the National Voter Registration Act in its case. DOJ attorneys are expected to appeal the ruling by Gleason, a nominee of former President Barack Obama. The lawsuit argued that theoretical voter confusion over the appearance of the second Sullivan on the ballot could siphon votes away from the incumbent Republican and benefit Democratic candidate Mary Peltola.

Spoiler-candidate allegations

The New York Times reported that Democratic campaign operatives recruited Sullivan Jr. to run as a spoiler candidate. The Times also reported that Peltola’s campaign was directly involved in recruiting Dan J. Sullivan, a retired schoolteacher, to run. NPR has not independently confirmed the New York Times report. Peltola denied any knowledge of the alleged scheme in an interview with KTUU on Friday. “I honestly have no idea,” Peltola said. “This is offensive to me on a number of different levels; first of all, this is Alaska, we’re not in the business of tricking each other up here.” Ballot-stacking is typically not illegal, and both parties have used it in past elections.

Alaska’s Republican Party supported an earlier effort in state court to keep Sullivan Jr. off the ballot. The Alaska Supreme Court ruled in June that Sullivan Jr. has the right to run as a candidate. Separately, the Washington Post reported that a Republican Super PAC boosted two Democratic Senate candidates who did not live in Alaska, praising them as progressives similar to Bernie Sanders.

Investigations and certification threat

Gov. Mike Dunleavy ordered an investigation into the alleged scheme. Dunleavy told NewsNation on Friday that the results of the race may not be certified by the state depending on the investigation’s outcome. “If we find out there’s wrongdoing, and if that means that the certification then is stopped or changed, then that’s what happens,” Dunleavy said. At a press conference in Anchorage on Friday, U.S. Attorney Michael Heyman said there is an ongoing criminal probe by the Justice Department.

Candidates respond

Sullivan said on CNN’s State of the Union on Sunday that he would accept the election results. “No, I’m going to accept the election results,” Sullivan said when asked whether he would accept the results only if he wins. He accused Peltola’s campaign and the Democratic Senate campaign arm of cheating, saying the Times report shows they were “recognizing they couldn’t run on their record, so they had to cheat.” Republicans, including Trump, have called for Peltola to be disqualified from the race and criminally prosecuted. Peltola said she has won statewide before on her own merits without tricks. “I’ve won statewide before, on my own merits, without any tricks involved; I know I can win again,” she said.

Race stakes

The Cook Political Report with Amy Walter rates the race a toss-up. Peltola holds a slight edge in the polling average compiled by FiftyPlusOne. Democrats need to flip four seats while holding all current Democratic seats to win a Senate majority. The midterms are scheduled for Tuesday.