A federal judge in Alaska has dismissed the Trump administration's lawsuit seeking to block certification of the state's US Senate election if Republican Senator Dan Sullivan loses to Democrat Mary Peltola.
US District Judge Sharon Gleason issued the ruling on Sunday, November 1, two days before Election Day. The Justice Department filed a notice of appeal about an hour later.
The 'two Dan Sullivans'
The case centred on Daniel J. Sullivan, an independent candidate who shares a name with the senator and whom the Alaska Supreme Court allowed onto the ballot. The Justice Department alleged that Peltola's campaign recruited him to confuse voters, a claim Peltola denies. "I am not interested in tricking voters," she said.
The department asked the court to stop certification if the senator lost, and to order election officials to separate all ballots that ranked the namesake candidate.
Why the judge dismissed it
Gleason found that the federal government had failed to show it had the legal standing to bring the case, according to reports. She said the requested order would likely intrude on the state's powers to run its elections and could violate Alaskan voters' right to a secret ballot. She declined to let the government amend its complaint, saying that would be unfair to Alaska with the election so close.
The Justice Department said the judge dismissed the case on procedural grounds without addressing its claims about the second candidate. A separate federal criminal investigation into the namesake candidacy continues.
Reactions
Peltola's campaign called the ruling a win, saying no "sham investigation or baseless lawsuit" would stop Alaskans from electing her. The American Civil Liberties Union, which joined the case in support of Alaska, said the judge had rebuffed an attempt to throw out the state's results before a single ballot was counted.
Why it matters
The Alaska race is one of a handful that could decide control of the Senate. Alaska uses ranked-choice voting, so results may take days or even weeks. The appeal means the legal fight may not be over, even after votes are counted.
Sources and references
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