Federal Judge Clears Alaska Senate Ballot, Allowing Ranked Choice Vote to Proceed

Federal Judge Sharon Gleason dismissed a lawsuit on Sunday that sought to halt the certification of Alaska’s U.S. Senate race. The decision removes a legal barrier that could have complicated Tuesday’s ranked-choice vote, allowing the election to proceed as scheduled.

The Justice Department filed the suit less than two weeks before the election. It sought an investigation into votes cast for Dan J. Sullivan, a retired teacher and independent candidate, to determine if they were intended for the incumbent, Republican Senator Dan Sullivan. The state of Alaska argued the case lacked merit and that examining ballots would violate voter privacy.

Gleason wrote that the relief sought was infeasible because many voters had already cast ballots during early voting periods. She noted that the government provided no workable plan to segregate ballots and conduct an unspecified investigation while preserving voter secrecy.

Shortly after the ruling, the Justice Department filed a notice of appeal. A department spokesperson stated that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The department’s statement clarified that while the case was dismissed on procedural grounds, the government did not dispute its argument that Dan J. Sullivan entered the race as a frivolous candidate to confuse voters.

The ballot includes two candidates with the same name. Senator Dan Sullivan, who faces Democrat Mary Peltola, has claimed he expects to lose a significant number of votes to the other candidate. In a Sunday interview with CNN, the senator said, “I’m sure I’m going to lose a lot of votes to that trickery.” He also disputed Peltola’s claim that she was unaware of her aides' role in recruiting Dan J. Sullivan.

Peltola’s campaign and the Democratic Senatorial Campaign Committee hailed the ruling as a victory for democracy. Devan Barber, the committee’s executive director, said the decision sends a clear message that no one can toss out free and fair elections simply because they dislike the result. Peltola’s campaign stated that a baseless lawsuit would not stop Alaskans from electing their candidate to lower costs for working families.

State courts previously rejected efforts to remove Dan J. Sullivan from the August primary ballot. He received about 2.5 percent of the primary vote, which qualified him for the top four spots in the general election. The state has taken steps to distinguish the two Sullivans on the ballot, including providing election pamphlets with candidate biographies. Voters who are unsure may ask election officials for help.

The Justice Department also escalated a criminal investigation into the ballot controversy on Thursday. The department issued new grand jury subpoenas, and the FBI has begun contacting donors to Dan J. Sullivan. Agents have asked some donors if they were misled about which candidate they were supporting. The Alaska governor, a Republican, has ordered a separate investigation and suggested he may not certify a potential victory for Peltola.