Judge strikes down DOJ bid to freeze Alaska Senate certification

A federal judge dismissed the Trump administration's lawsuit seeking to block the certification of Alaska's U.S. Senate election results if the Republican incumbent loses. The ruling was issued on Sunday by U.S. District Judge Sharon Gleason. The decision removes a major legal obstacle that could have delayed the counting of votes in the state's only Senate race.

The Justice Department had argued that state officials should wait to certify results while investigators examined potential voter confusion. The suit relied on the preamble of the National Voter Registration Act. It cited the presence of two candidates with similar names on the ranked-choice voting ballot. Those candidates were Sen. Dan Sullivan and Daniel Sullivan Jr., an independent candidate. The government asked the court to issue an order halting the certification process.

Judge Gleason, a nominee of former President Barack Obama, found that the federal government did not have the authority to bring the case. She determined that a court order stopping the count would likely violate the right to a secret ballot. Gleason noted the lack of a clear explanation from the United States on how the requested relief would fix the alleged injury while keeping the ballot secret. She called the absence of that explanation telling.

The Justice Department said it plans to appeal the decision. Spokesperson Kiersten Pels stated that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The department also indicated that an ongoing criminal probe remains active in the state.

President Trump said he ordered the lawsuit because of the similar names on the ballot. Alaska's Republican Party had previously supported a state court effort to keep Sullivan Jr. off the ballot. The Alaska Supreme Court ruled in June that Sullivan Jr. had the right to run. Republican allegations that Democrats propped up Sullivan Jr. to spoil the incumbent's chances have persisted. Gov. Mike Dunleavy ordered an investigation and said certification might stop if wrongdoing is found.

Sophia Lin Lakin, director of the ACLU's Voting Rights Project, called the DOJ's attempt lawless from the start. She described the suit as a reckless waste of taxpayer money aimed at silencing hundreds of thousands of Alaska voters. The Democratic candidate, former Rep. Mary Peltola, has denied any involvement in the controversy. Incumbent Sullivan said Sunday he would accept the election results regardless of the outcome.

Voting in Alaska continues through Tuesday. According to the Division of Elections, more than 86,700 voters have already cast ballots during early voting. The state expects more residents to vote as the deadline approaches.