- The DOJ’s last-minute offer came less than two weeks before Election Day, with early voting having already begun in the state.
The last one: The Justice Department plans to appeal the decision, spokesperson Kiersten Pels told several media outlets.
- “The court dismissed the case on procedural grounds but did not challenge the United States’ argument that Daniel J. Sullivan (aka Decoy Dan) entered the race as a frivolous candidate to confuse voters,” Pels said, according to the New York Times. “Alaska voters deserve fair elections and should not be misled by an attempt to rig the results.”
Driving the news: U.S. District Judge Sharon Gleason said the DOJ offered no practical way to determine whether votes for Daniel J. Sullivan were intended for incumbent Sen. Dan S. Sullivan without compromising the secrecy of the ballot.
- The government’s challenge centered on the inclusion on the ballot of Daniel J. Sullivan, a retired teacher with the same name as the incumbent Republican senator.
- The closely watched race between the two frontrunners, Sen. Sullivan and Democrat Mary Peltola, could help determine control of the chamber.
What she says: Gleason said ordering the ballots to be separated for a law enforcement investigation “would clearly violate Alaskans’ right to a secret ballot.”
- She also warned against last-minute changes to election procedures.
Catch up quickly: Over the summer, the Alaska Supreme Court upheld a ruling allowing Daniel J. Sullivan to run in the primary, where he received 2.5 percent of the vote.
- In a complaint filed October 22, the DOJ alleged that his presence on the general election ballot “threatens to mislead Alaska citizens who want to vote for Senator Sullivan.”
- They argued that it was “vital” for Alaska election officials not to certify a result that could be affected “by voter confusion.”
- The complaint states that if “(1) Senator Sullivan does not win the election; and (2) if all votes cast for Daniel J. Sullivan had instead been cast for Senator Sullivan and Alaska’s ranking process had proceeded accordingly, Senator Sullivan would have won the election. »
Point of friction: While Peltola’s campaign had denied being involved in Daniel J. Sullivan’s candidacy, the New York Times reported that senior advisers coordinated with people to recruit him and try to attract others to the race. Peltola insisted she knew nothing about these efforts.
- The Times’ reporting was based on interviews with a dozen people who participated in the plan, were informed about it, or were targets of recruitment attempts; he also cites text messages about the effort.
- The government cited the Times report in an amended complaint filed last week.
Flashback: President Trump took credit for ordering the Alaska trial, telling reporters, “I’m the one who said, ‘Do it.’
- The DOJ did not immediately respond to Axios’ request for comment.
What’s next: Alaska uses ranked-choice voting, so voters will be able to vote for both Sullivans.
- The order directs the clerk to enter final judgment and close the case.
Go further: Alaska governor questions election certification if Peltola wins
Editor’s note: This story has been updated to reflect that the DOJ will appeal the decision.
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