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JUNEAU, Alaska (AP) — A federal judge on Sunday dismissed a Justice Department lawsuit seeking to block certification of Alaska’s U.S. Senate race if Republican incumbent Dan Sullivan loses.
Sullivan, an ally of President Donald Trump, faces Democratic former U.S. Rep. Mary Peltola in one of the country’s most closely watched races, with Senate control at stake. Tuesday’s ranked-choice election also includes two candidates who have done little campaigning, one of whom shares the incumbent’s name.
The lawsuit, filed less than two weeks before the election and with early voting underway, called for an investigation into whether votes for retired teacher Dan J. Sullivan were intended for the senator. The state said the case lacked merit and argued there would be no way to determine that without violating voter privacy.
U.S. District Court Judge Sharon Gleason wrote in the order that the relief the United States seeks is “infeasible” because many voters have already cast their ballots. She said the cast ballots have been mixed together to the point where they cannot be matched to specific voters.
“More fundamentally, the United States provides no workable plan as to how it proposes to segregate ballots cast for Daniel J. Sullivan on Election Day and then conduct a court-ordered unspecified “investigation” of those ballots in a manner that would preserve voter secrecy,” she wrote.
Attorneys for the state, Peltola’s campaign and the Democratic Senatorial Campaign Committee argued that the case lacked any legal basis and amounted to interference. The senator and his allies, including Trump, for months have portrayed Dan J. Sullivan as a sham candidate intent on confusing voters and helping Peltola.
In the week before Election Day, The New York Times reported that Peltola’s campaign was involved in efforts to recruit the second Sullivan. Dan J. Sullivan in June, shortly after entering the race, said he’d had no contact with the campaign about running. He did not immediately respond to a request for comment on the report.
Peltola’s campaign responded by saying the campaign “has no involvement with either Sullivan campaign” — a statement similar to one it released after Dan J. Sullivan launched his bid.
“I am not interested in tricking voters,” she said during a recent campaign event.
State courts, including the Alaska Supreme Court, rejected Republican-backed efforts to block the retired teacher from the August open primary ballot on which he appeared as Daniel J. Sullivan Jr., with no party affiliation. The senator was listed as Dan S. Sullivan, Republican and incumbent.
Both Sullivans appear the same way on the general election ballot. Peltola placed first in the primary, followed by the senator. Dan J. Sullivan received about 2.5% of the primary vote, but that was enough to finish within the top four and qualify for the Nov. 3 ranked-choice election.
Attorneys for the Alaska Department of Law represented state elections officials in the case and asked Gleason, who was appointed by former Democratic President Barack Obama, to toss the lawsuit. They filed a scathing response to the federal government’s complaint, calling it “meritless.”
Alaska also said the state had taken “significant steps” to distinguish the two Sullivans on the ballot. Voters who still might be confused could ask for help or look up candidate biographies and other information in state-distributed election pamphlets.
Gleason wrote that the administration’s attempt to block certification ran counter to the Constitution, which gives states the authority to run elections. She also cited the Supreme Court’s Purcell principle, which holds that federal courts should generally not change election rules too close to an election.
Alaska’s ranked voting system also offers a solution to possible confusion, the state wrote, allowing voters to rank the Sullivans as first and second choices, if they choose.
“That way, if the voter’s first-ranked Sullivan is eliminated, his vote would transfer to the other Sullivan,” attorneys Rachel Witty, Margaret Paton Walsh and Laura Fox wrote. “The voter’s vote would not ‘be transferred to Peltola’ as the complaint asserts, unless the voter chose to rank Peltola as his next choice instead of the other Sullivan.”
Trump for years has railed against Alaska’s use of ranked-choice voting in general elections. Republican state leaders have said that while they don’t like ranked voting, they want voters to “rank every Republican” candidate on this year’s ballot, especially with a high-stakes governor’s race featuring one Democrat and three Republicans.
On Thursday, the Justice Department escalated a criminal investigation over the same-named candidates on the Alaska ballot, issuing a raft of new grand jury subpoenas, a person familiar with the matter told The Associated Press. The FBI also has begun contacting people who donated to Dan J. Sullivan, some of whom told the AP that the agents were asking if they had been misled about which candidate they were supporting.
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Associated Press photographer Lindsey Wasson in Anchorage, Alaska, contributed to this report.
Nicholas Riccardi And Becky Bohrer, The Associated Press
