Justice Department asks court to set aside Alaska Senate ballots days before vote

The US Justice Department has asked a federal judge to order Alaska election officials to set aside ballots in the state's closely fought Senate race, in an unusual intervention days before Election Day on November 3.

The case centres on a candidate named Dan J. Sullivan, a retired teacher who shares a name with the Republican incumbent, Senator Dan Sullivan.

What the department wants

The Trump administration sued local election officials on October 22. It alleges that the campaign of Democratic candidate Mary Peltola helped recruit the namesake candidate, creating confusion that it says will unfairly take votes from the senator. It asks the court to bar certification of the results if Senator Sullivan loses.

On Friday, October 30, the department went further, asking for an order before Monday directing officials to keep separate all ballots that rank Dan J. Sullivan. It said the "only immediate relief" it was seeking was the preservation and segregation of relevant ballots.

Alaska uses ranked-choice voting in general elections, so voters can rank several candidates in order of preference.

A criminal investigation

Federal officials have confirmed a criminal investigation connected to the namesake candidacy. Alaska's US Attorney, Michael Heyman, said it has been under way for several months, according to NPR. The department has issued at least three dozen subpoenas and document preservation requests, including to the campaign offices of both Peltola and Sullivan.

Alaska pushes back

Alaska's Republican-led state government has opposed the lawsuit. In a filing on Saturday, it urged the judge to dismiss the case with prejudice, saying there was "no reason for this Court to entertain this meritless lawsuit any longer." The state argued that separating the ballots was not even possible in practice, and unnecessary, because it is easy to identify which ballots rank the namesake candidate however they are stored.

The judge's view

US District Judge Sharon Gleason has fast-tracked the case and appeared deeply sceptical of its timing, noting that the department filed its complaint while voting was already under way, about four months after the Alaska Supreme Court allowed Dan J. Sullivan onto the ballot.

Why it matters

The race is one of a handful that could decide control of the US Senate. A ruling is expected soon. Whatever the judge decides, the case is likely to shape how quickly Alaska's result, which can take days or weeks under ranked-choice counting, is accepted.