Alaska Senate race moves forward after federal judge blocks DOJ suit

A federal judge in Alaska dismissed the Trump administration's lawsuit on Sunday. The suit sought to block the certification of the U.S. Senate race results if the Republican incumbent lost. U.S. District Judge Sharon Gleason issued the ruling. She found the federal government did not have the legal ability to bring the case.

The Justice Department filed the suit citing the preamble of the National Voter Registration Act. It asked the court to stop state officials from certifying election results. The goal was to allow time for an investigation into voter confusion. Two candidates on the ranked-choice ballot had similar names.

Judge Gleason concluded that a court order blocking certification would likely violate Alaskan voters' right to a secret ballot. She noted that the United States did not explain how its requested relief could fix its alleged injury while keeping the ballot secret. Gleason, a nominee of former President Barack Obama, wrote that this absence of explanation was telling.

The Justice Department said it plans to appeal the decision. Spokesperson Kiersten Pels told NPR in a statement that Alaskan voters deserve a fair election. She added that voters should not be misled in an attempt to rig outcomes.

Voting rights groups that helped defend Alaska against the lawsuit welcomed the ruling. Sophia Lin Lakin, director of the ACLU's Voting Rights Project, called the attempt to throw out results before ballots were counted lawless. She described the suit as a reckless waste of taxpayer money aimed at silencing hundreds of thousands of voters.

President Trump said he ordered the lawsuit because two of the four Senate candidates share a similar name. Sen. Dan Sullivan is the Republican incumbent. Daniel Sullivan Jr. is running as an unaffiliated candidate. Alaska's Republican Party had previously tried to keep Sullivan Jr. off the ballot in state court.

The Alaska Supreme Court ruled in June that Sullivan Jr. has the right to run. Republican allegations that Democrats propped up Sullivan Jr. to spoil the incumbent's chances have persisted. A New York Times report about Democratic operatives recruiting Sullivan Jr. drew new attention to these claims. NPR has not independently confirmed the report's details.

Alaska Governor Mike Dunleavy ordered an investigation into the race. He indicated the state might not certify results depending on the investigation's findings. Dunleavy told NewsNation on Oct. 30 that if wrongdoing is found and certification is stopped or changed, that is what happens. U.S. Attorney Michael Heyman announced an ongoing criminal probe by the Justice Department during a press conference in Anchorage on Oct. 30.

Former Rep. Mary Peltola, the Democratic candidate, has denied any involvement. Incumbent Sullivan said in an interview with CNN's State of the Union on Sunday that he will accept the election results whether he wins or loses. More than 86,700 Alaskans have cast early ballots. Alaska's Division of Elections reports voting continues through Tuesday's Election Day.