A federal judge dismissed a Justice Department lawsuit that sought to block Alaska officials from certifying the state's U.S. Senate election if Republican Sen. Dan Sullivan lost, rejecting the effort days before the Nov. 3 vote.1,4,7
The department had asked District Court Judge Sharon Gleason in Anchorage to prevent immediate certification if Sullivan lost by a margin that might be attributable to voter confusion over the presence of a second candidate with the same name on the ballot, so it could investigate voter intent. The outcome matters beyond Alaska because the winner could determine which party holds the Senate majority starting in January, when Republicans currently hold 53 seats in the 100-member chamber.4,7
Alaska uses ranked-choice voting with four candidates on the Senate ballot. If no candidate obtains more than 50 percent of the vote in the first count, the fourth-place finisher is eliminated and the second choice on that candidate's ballots is allocated to the remaining candidates. Only Sullivan and Democratic nominee Mary Peltola, a former U.S. representative, are considered likely to draw large shares of the votes.4
In a court filing late Friday, a federal prosecutor told the judge the department wanted "to preserve and segregate all ballots ranking" a candidate named Dan Sullivan for a potential investigation of whether voters mistakenly ranked him in the belief he was the incumbent senator. The filing said, "Election Day is on November 3, 2026, which poses a substantial risk that the candidacy before us will mislead voters and ultimately result in an electoral process that lacks integrity," in a statement attributed to U.S. Attorney for Alaska Michael Heyman and signed by one of his assistant prosecutors. It added, "The United States of America contends that the proposed precautionary measures will be impossible after Election Day, showing good cause for expedited consideration."4
Heyman said at a press conference in Anchorage on Friday, four days before Election Day, that there was an ongoing criminal investigation into how and why retired schoolteacher Dan Sullivan decided to run for the Senate for the first time this year. "We will not let anyone or any group undermine this election," Heyman said. "There is both a civil investigation and a criminal investigation that is ongoing," he said. "There is a surge of FBI resources and resources in this office." He added, "Every Alaskan deserves a fair election, and they're going to get one."4
Heyman said the criminal probe had been underway for months and had been accelerated because of a New York Times report on Wednesday that said aides to Peltola's campaign and senior aides at the Democratic Senatorial Campaign Committee helped recruit the retired teacher to enter the race with the hope of drawing votes from the incumbent Sullivan. Heyman had previously recused himself from the probe because he was being considered for a judicial nomination, but that recusal was rescinded Thursday because he was no longer under consideration. "When credible information comes out, we are committed to pursuing that information... and we will act on it," Heyman said. He would not say what criminal statute might have been violated.4
The department's suit, which President Donald Trump said he had requested, claims the "sole purpose" of the non-incumbent Sullivan running was to benefit Peltola's campaign by reducing votes for Sen. Sullivan. Trump also demanded that Peltola be prosecuted after the Times report, which reported internal texts and posts appearing to show involvement by Democrats in recruiting the second Sullivan, a retired schoolteacher from Petersburg. Peltola's campaign and the Democratic Senatorial Campaign Committee deny involvement in the retiree's campaign, and Peltola has denied involvement in his presence on the ballot.4,7
Alaska's state government, led by Republicans, urged Gleason on Saturday to dismiss the case, writing that there is "no reason for this Court to entertain this meritless lawsuit any longer." The state called the department's additional Friday request to separate all ballots showing votes for the second Sullivan "both disturbing and impossible," saying there would be no way to do so without violating voter privacy. It said the ballot distinguishes the two men, with the senator listed as a Republican and the incumbent and the other candidate listed as "Daniel J. Sullivan Jr." The state wrote, "State officials carefully designed the ballot to minimize voter confusion," and, "The Court should immediately dismiss this lawsuit with prejudice and allow state officials to conduct the general election — including ballot counting and certification — free from unwarranted federal interference."2,3,4,5,7
Peltola's campaign also sought dismissal, placing it in alignment with state officials. In its dismissal motion filed Thursday, the campaign said, "Rather than defend its indefensible legal claims as it was ordered to do, the Department of Justice... has filed an Amended Complaint that does nothing to address the fatal problems that preclude it from bringing this case or obtaining the relief that it seeks." It said, "The U.S. Constitution leaves the regulation of federal elections exclusively to the States and to Congress, and DOJ has no statutory authority to bring this case." The American Civil Liberties Union wrote, "Imagine if the federal executive could pluck a few words like 'election integrity' from some statutory preamble and, on that basis alone, bend the machinery of state elections to his will, preemptively blocking certification of a U.S. Senate election to protect his preferred candidate from defeat and then subjecting voters to a law-enforcement-led inquest about who they 'really' supported,"4,7
The administration argued that a preamble to the 1990s law governing voter registration gave it responsibility for ensuring states maintained the "integrity" of federal elections and said it was seeking to prevent fraud by stopping Peltola from being declared the winner in a race that could decide Senate control. The department's updated civil complaint, amending a suit first filed Oct. 23, added a claim under the Supremacy Clause of the U.S. Constitution to the initial claim under the National Voter Registration Act and added details from the Times article. Gleason had ordered the department to respond by 1 p.m. Alaska time Friday to new dismissal motions and gave the state, Peltola's campaign and other groups until noon Saturday to reply, leaving open a ruling before Election Day as the state and the campaign requested.4,7
Republican Gov. Mike Dunleavy announced a state probe after the Times report and objected to the second Sullivan's placement on the ballot. The Alaska Supreme Court ruled this summer that the second candidate fulfilled all legal requirements to remain on the ballot, and the state's Saturday filing said reports about the possible role of Peltola's campaign did not change that he was legally on the ballot. "Not every wrong can be righted in federal court," the state wrote. With the federal case dismissed, state officials are to proceed with the Nov. 3 election, including counting and certification.4,7
