Judge dismisses DOJ suit to block Alaska Senate certification; Sullivan vows to accept result

Judge rejects the federal challenge

A federal judge in Alaska dismissed the Justice Department's lawsuit on Sunday, 1 November, two days before the 3 November vote. The suit asked the court to stop certification of the Senate result if Republican Sen. Dan S. Sullivan lost by a margin smaller than the votes cast for Daniel J. Sullivan Jr., a retired teacher who shares the incumbent's name. U.S. District Judge Sharon Gleason called the requested relief "infeasible" because many voters had already cast ballots and those ballots had been commingled, so individual voters cannot be identified. She also said she had no authority to set aside certain ballots pending an investigation. Gleason added that such an investigation would probably create the confusion the department aimed to prevent and undermine confidence in the outcome. The department did not immediately say whether it would appeal the decision.

A second Sullivan on the ballot

The New York Times reported on Wednesday, 28 October, that members of Mary Peltola's campaign had helped recruit the retired teacher to run as a spoiler candidate. Peltola has denied that she or her campaign had any role, and she has called the issue a distraction from the economic pressures facing Alaskans, including high prices tied to the US-Israel war on Iran. Republicans say their suspicions were confirmed by the Times report. In recent days, Donald Trump has called for Peltola to be criminally charged and forced out of the race. The Justice Department lawsuit was filed in October at Trump's direction and was designed to take effect only if the incumbent lost by a narrow margin.

Sullivan's pledge

Sullivan told CNN on Sunday that he would accept the election result even if he lost. Asked whether he would accept it only if he won, he replied:

“I'm going to accept the election results.”

He said he felt confident of winning and accused Peltola, Senate Minority Leader Chuck Schumer and his aides of cheating, arguing that they could not run on their record. He also said Peltola had been lying to Alaskans.

“She's continually lying to the Alaskan people.”

State response and campaign spending

On Saturday, 31 October, Alaska's Republican-led government urged the federal judge to dismiss the Justice Department's bid. It called the demands inappropriate and said they were not even possible given Alaskan voters' right to ballot secrecy. According to The Washington Post, a Republican super PAC had earlier boosted two Senate candidates who did not live in Alaska, praising them as progressives similar to Bernie Sanders.

What comes next

The race is one of the most closely watched contests of the midterms, with control of the Senate at stake. Sullivan faces Peltola, a former congresswoman, and early voting had already begun when the Justice Department filed its suit. Republicans consider the seat a priority, and the outcome could determine whether Democrats take control of the Senate. The election is on Tuesday, 3 November.