A federal judge in Alaska on Sunday dismissed the Trump administration’s lawsuit seeking to segregate and preserve some ballots in the state’s upcoming Senate election, where Republican Sen. Dan Sullivan will face Democrat Mary Peltola.
Last week, Peltola’s campaign came under scrutiny after The New York Times reported that the campaign and other Democrats had recruited a candidate — Dan J. Sullivan — to run for Senate under the same name as the incumbent senator.
Citing potential confusion among voters, the Trump administration sought to separate and preserve ballots with votes for Dan J. Sullivan, arguing that if the incumbent president loses, it may be because people voted for the other Sullivan by mistake.
In her ruling, U.S. District Judge Sharon Gleason expressed concerns about voters’ right to a secret ballot.
“The absence of any explanation from the United States as to how the relief sought could redress its alleged harm while maintaining the secrecy of the vote is telling,” Gleason wrote.
She later added: “Requiring the segregation of ballots cast by Daniel J. Sullivan voters so that those voters can be further investigated by law enforcement is not a remedy that this Court can or should order because it clearly violates Alaskans’ right to a secret ballot.”
The lawsuit also sought to block certification of the Senate election if Sen. Dan Sullivan lost. On Saturday, Alaska’s Republican-led state government implored a federal judge to stop the attempt in a court filing.
In response to the ruling, a spokesperson for Peltola’s campaign told NBC News: “No sham investigations or baseless prosecutions from a strong-armed Justice Department will stop Alaskans from electing Mary on November 3 so she can lower costs for Alaska’s working families. Alaskans will choose their next U.S. senator – not Dan Sullivan or his allies in Washington, DC.”
Shortly after the judge’s decision, the Justice Department appealed.
“The court dismissed the case on procedural grounds, but did not dispute the United States’ argument that Daniel J. Sullivan (aka Decoy Dan) entered the race as a frivolous candidate to confuse voters. The DOJ plans to file a notice of appeal. Alaska voters deserve fair elections, and should not be misled in an attempt to rig the results,” a department spokesperson said.
Republicans have criticized Dan J. Sullivan’s presence on the ballot for months, after he won a primary to become the fourth candidate in the August general election. The senator and his Republican allies have long accused Democrats of recruiting the second Sullivan, a charge that Peltola and his campaign have repeatedly denied.
In an article on Truth Social Sunday, President Donald Trump blamed Dan. J Sullivan of having committed a “criminal act”.
“Fake Daniel J. Sullivan Jr. has DISAPPEARED! No one can find him, including law enforcement. They know he committed a criminal act,” the president wrote.
Last week, the Times cited official comments from Peltola’s former campaign manager, who was fired in August, about the campaign’s efforts to recruit a second Dan Sullivan to run for office. The campaign manager and several anonymous sources said Democratic Senatorial Campaign Committee operatives had joined the effort. Elisa Rios, the fired campaign manager, later sought to retract her statement.
On Sunday, the senator called the Democrats’ efforts “rigged and corrupt” in a CNN interview. He added that whatever the outcome, “I will accept the results of the election.”
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