Alaska Election: Judge Sets Clock for DOJ Dispute

A federal judge in Alaska has set a tight schedule to resolve a dispute over the state's Senate race. The conflict centers on a lawsuit filed by the Department of Justice, which seeks to prevent the official certification of election results if Republican incumbent Dan Sullivan loses to Democrat Mary Peltola.

The legal battle involves two candidates with the same surname. The DOJ argues that voters may have been confused by the presence of Daniel J. Sullivan on the ballot. The department claims his "sole purpose" in running was to reduce the vote count for Senator Sullivan. If a judge agrees that confusion occurred, the state could be barred from certifying the winner until an investigation concludes.

The lawsuit was filed on Thursday. President Donald Trump stated that day that he ordered the action. Attorney General Todd Blanche defended the move on social media, noting that the suit does not stop ballots from being cast. He said the goal is to preserve information so state officials can determine if voters were misled.

Judge Sharon Gleason issued an order Monday night to expedite the case. She granted a motion from Peltola's campaign and the Democratic Senatorial Campaign Committee to speed up proceedings. The judge set a deadline for the DOJ to respond to motions to intervene by 5 p.m. Alaska Time on Tuesday.

Those motions to intervene were filed by Peltola's campaign, the DSCC, the League of Women Voters, and Common Cause. Gleason intends to rule on these interventions by late Wednesday afternoon. If she grants them, the DOJ will have until 5 p.m. Thursday to respond to a motion to dismiss the entire case.

Alaska election officials entered the fray shortly after the judge's order. They filed a motion asking the court to dismiss the suit "immediately, with prejudice." The state argues the United States lacks authority to intervene in state elections. Officials stated that their division has taken steps to distinguish between the two Sullivans so voters can easily identify which candidate is which.

The state motion seeks a decision by Nov. 2, the day before the election. Lawyers for the state described the lawsuit as casting a cloud over the election that is contrary to the public interest. Peltola's legal team echoed this concern, calling the DOJ's claims "utterly without legal basis." They argued the suit raises issues that the Alaska Supreme Court had already resolved months prior.

The race for the Senate seat could determine which party holds a majority in the chamber starting in January. Daniel J. Sullivan, the challenger, described the experience as overwhelming and intimidating in an email to the Alaska Beacon. He called the DOJ action a misuse of the department for a situation the state Supreme Court had already settled. He expressed faith in Alaskan voters' ability to make informed decisions despite similar names.

Peltola called the suit a desperate attempt to cling to power. Her campaign reported on Sunday that she sustained minor injuries in a vehicle collision on Saturday night. As a result, she postponed events in Fairbanks and Bethel on Sunday and Monday. Those events are scheduled to be rescheduled.

The next major step is the DOJ's response to the intervention motions due Tuesday. Gleason will then decide on those motions by Wednesday. A ruling on the dismissal motion is not set, but the schedule is designed to force a resolution before the Nov. 3 election.