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Alaska’s GOP-led government asks court to block DOJ Senate race certification lawsuit
Developed over time first seen 2 weeks ago
Alaska’s Republican-led government asked a federal court to dismiss a US Department of Justice lawsuit that sought to delay certification of the state’s Senate election if Republican incumbent Dan S. Sullivan lost. The department argued that voters might mistake another candidate, Daniel J. Sullivan Jr, for the senator and asked for an investigation into whether votes for the challenger were intended for the incumbent. Alaska’s election officials said the lawsuit had no legal basis. They argued that the ballot distinguished the two men by their names and identified the senator as the Republican incumbent, and that investigating how individuals meant to vote would threaten ballot secrecy.
The dispute arose after Alaska’s Supreme Court ruled that Daniel J. Sullivan Jr could appear on the ballot alongside the incumbent and Democrat Mary Peltola. The state filed its dismissal request on 26 October, after early voting had begun. On 1 November, a federal judge dismissed the Justice Department’s case, finding that its proposed remedy was unworkable and could not be carried out while protecting voter secrecy. The department filed a notice of appeal. The separate question of whether the second Sullivan’s candidacy confused voters was not resolved by the dismissal.
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In short
- Alaska sought dismissal of a federal lawsuit targeting certification of its Senate result.
- The dispute centred on two candidates named Sullivan appearing on the ballot.
- A judge dismissed the case on 1 November; the Justice Department appealed.
How this story developed
- 2 weeks ago Alaska’s Republican-led government asked a federal court to dismiss a US Department of Justice lawsuit that sought to delay certification of the state’s Senate election if Republican incumbent Dan S. Sullivan lost. The department argued that voters might mistake another candidate, Daniel J.
- The Hill Alaska’s GOP-led government asks court to block DOJ Senate race certification lawsuit
- Alaska Department of Law Defendants’ motion to dismiss
- US District Court for the District of Alaska Order granting dismissal
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The Justice Department’s concern was that two candidates with the same name could cause some voters to confuse the challenger with the incumbent, potentially affecting the election’s fairness. Seeking a review of whether that risk warranted action can be defended as an effort to protect voters’ intentions and confidence in the result.
The case against
Alaska’s officials argued that the ballot clearly distinguished the candidates, including by identifying the incumbent’s party, and that there was no legal basis to investigate voters’ intentions. Such an inquiry could compromise ballot secrecy, while delaying certification on that basis risked disrupting the election without a workable remedy.
Explained simply
Alaska elects two US senators, each representing the state in the federal legislature. In this race, Republican incumbent Dan S. Sullivan was standing for re-election alongside Democrat Mary Peltola and another candidate, Daniel J. Sullivan Jr.
Alaska’s Supreme Court had ruled that Daniel J. Sullivan Jr could appear on the ballot. The US Department of Justice argued that voters might confuse the two candidates and sought an investigation into whether votes for the challenger were meant for the incumbent; state officials said the ballot distinguished them and that examining voters’ intentions would compromise ballot secrecy.
The case raised questions about how election officials can address possible confusion while protecting voters’ privacy. A federal judge dismissed the department’s case, and the department appealed; that dismissal did not settle whether voters had in fact been confused.
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