A federal judge on Sunday dismissed the Justice Department’s lawsuit seeking to delay certification of Alaska’s Senate election amid the “Decoy Dan” controversy, rejecting the Trump administration’s bid two days before the midterm elections.
The DOJ said it would appeal.
The lawsuit centered on two candidates with similar names: Republican Sen. Dan S. Sullivan and challenger Daniel J. Sullivan Jr. The DOJ lawsuit sought to delay or block certification while investigating whether voter confusion may have affected the outcome.
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U.S. District Judge Sharon Gleason said the government had not shown how the requested investigation could identify voters’ intent while protecting ballot secrecy. She also said the relief sought would intrude on Alaska’s responsibility to run its elections.
The DOJ said it would appeal, arguing the judge dismissed the case on procedural grounds without addressing its claim that Sullivan Jr. entered the race to confuse voters. The case now heads to the 9th U.S. Circuit Court of Appeals.
The dispute has roiled the campaign in recent days. The New York Times reported that people connected to Democratic nominee Mary Peltola’s campaign helped recruit Sullivan Jr. to run as a spoiler. Peltola has denied involvement, and Sullivan Jr. has denied coordinating with her campaign.
Sen. Sullivan said Sunday he would accept the results of Tuesday’s election, even as the Trump administration pursues a criminal investigation into Sullivan Jr.’s candidacy. Sullivan accused the challenger of trying to confuse voters.
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Alaska Gov. Mike Dunleavy, a Republican, has suggested he may not certify a Peltola victory. Sullivan declined to say whether he would support efforts to refuse certification.
The Senate race could help determine which party controls the chamber. Alaska uses ranked-choice voting, under which lower-performing candidates are eliminated in rounds if no one wins a majority in the first count.
The closely watched race could help determine which party controls the Senate.
Alaska uses ranked-choice voting, so if no candidate wins a majority in the first round, the last-place candidate is eliminated and voters’ next choices are counted.