Judge tosses Justice Department lawsuit over Alaska’s two Dan Sullivans on the Senate ballot

A federal judge threw out a Justice Department lawsuit on Sunday aimed at halting the certification of Alaska’s U.S. Senate race should Republican incumbent Dan Sullivan lose.Sullivan, a key ally of President Donald Trump, is competing against Democratic former U.S. Rep. Mary Peltola in a pivotal contest that could determine Senate control. Tuesday’s ranked-choice voting also features two minor candidates, one of whom shares the senator’s name. The presence of the second Sullivan on the ballot led Trump to push for legal action over concerns that votes intended for the incumbent would be siphoned away.Filed less than two weeks before the election, while early voting was already underway, the lawsuit demanded an investigation into whether votes cast for retired teacher Dan J. Sullivan were actually meant for the senator. State officials called the suit baseless, arguing it would be impossible to make such a determination without breaching voter privacy.Dan J. Sullivan, left, is challenging Senator Dan Sullivan, Republican of Alaska, for his seat (Sullivan for Senate/Getty)In her order, U.S. District Court Judge Sharon Gleason ruled that the remedies the federal government requested were "infeasible" given the high volume of votes already cast."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.Peltola’s team and the Democratic Senatorial Campaign Committee maintained that the suit lacked any legal standing and was a clear attempt at interference. For months, Sullivan and his supporters, including Trump, have framed Dan J. Sullivan as a decoy candidate placed on the ballot to confuse voters and assist Peltola.Speaking on CNN earlier Sunday, Sen. Sullivan stated that he expected the second candidate's presence to alter the election outcome."I’m sure I’m going to lose a lot of votes to that trickery," he said.He also voiced skepticism regarding Peltola’s claims that she had no knowledge of her top political aides recruiting Dan J. Sullivan to enter the race to mislead voters."There is no way this went on for a year that they weren’t informing her," Sullivan said during an appearance on CNN. "She got caught lying, and she’s still lying to the Alaskan people, the media, to all of us."In the final week before Election Day, The New York Times reported that Peltola’s campaign was tied to efforts to recruit the second Sullivan. Shortly after entering the race in June, Dan J. Sullivan said he had not communicated with her campaign regarding his candidacy. He has not replied to recent messages seeking comment.Addressing the Times report, Peltola’s campaign denied any involvement with either Sullivan's campaign, with Peltola stating during a recent public appearance: "I am not interested in tricking voters."The Trump administration has called for Mary Peltola, Democratic candidate for US Senate in Alaska, to face charges over allegations her campaign recruited Dan J. Sullivan (AFP via Getty Images)State courts, including the Alaska Supreme Court, previously rejected Republican challenges to remove the retired teacher from the August open primary ballot, where he ran without party affiliation as Daniel J. Sullivan Jr. The senator appeared as Dan S. Sullivan, Republican and incumbent.Both names appear identically on the general election ballot. Peltola finished first in the primary, followed by the senator. Dan J. Sullivan captured roughly 2.5% of the primary vote, which was enough to secure a top-four spot and advance to the Nov. 3 ranked-choice election.Attorneys from the Alaska Department of Law representing state election officials had asked Gleason, an appointee of former Democratic President Barack Obama, to dismiss the case, describing the federal government's filing as "meritless."State attorneys added that Alaska had taken "significant steps" to help voters differentiate between the two candidates, noting that confused voters could ask for assistance or read candidate background details provided in official state election booklets.Republicans, including allies of Trump, also have a long track record of supporting decoy candidates in political races. The governor, a Republican, has directed an inquiry into the matter and raised the possibility of withholding certification if Peltola wins.Gleason noted in her decision that the Trump administration’s attempt to halt certification directly conflicted with the Constitution, which assigns election oversight to the states. She also pointed to the Supreme Court's Purcell principle, which dictates that federal courts should refrain from modifying election rules shortly before an election.On Thursday, the Justice Department expanded a criminal investigation into Dan J. Sullivan’s candidacy and issued several new grand jury subpoenas, according to a person familiar with the matter. FBI agents have also begun interviewing donors to his campaign to determine whether they were misled about the candidate they were supporting.