A Judge Throws Out the Justice Department's Bid to Hold Up Alaska's Senate Result
U.S. District Judge Sharon Gleason dismissed the lawsuit on Sunday, ruling the government lacked standing and offered no workable way to investigate ballots without breaking their secrecy. The Justice Department appealed the same day.
A federal judge in Alaska has thrown out the Trump administration's attempt to block the certification of results from a key U.S. Senate race if the Republican incumbent loses, NPR reported on Sunday. U.S. District Judge Sharon Gleason found that the federal government does not have the ability to bring the lawsuit, which cited the preamble of the National Voter Registration Act.
The Justice Department filed the suit on October 22, according to Law Commentary's report read by this desk. It asked the court to delay certification if Sen. Dan S. Sullivan lost by a margin smaller than the number of votes cast for Daniel J. Sullivan Jr., a retired teacher running with no party affiliation, so officials could investigate whether voters were confused by the two similar names on Alaska's ballot. The ballot itself lists the incumbent as Sullivan, Dan S., and the independent as Sullivan, Daniel J. Jr.
In a 20-page order in United States v. State of Alaska, Gleason wrote that the United States had failed to establish the redressability prerequisite for Article III standing, according to the Globe TV summary of the order read by this desk. She also concluded that the government offered no practical way to set aside the ballots cast for the second Sullivan and investigate them without breaking the secrecy of the vote, and she cited Supreme Court guidance cautioning federal judges against changing election procedures shortly before an election, after voting has begun. Alaska opened early voting on October 19.
Gleason dismissed the lawsuit without prejudice and denied prosecutors another opportunity to amend their complaint, Law Commentary reported. The Justice Department filed a notice of appeal to the Ninth Circuit the same day, and a department spokesperson told NPR it is planning to appeal. The ruling does not decide the underlying allegations about how the namesake candidacy came about, which remain allegations; it decides that the remedy the department asked for cannot be granted on the showing it made, two days before Election Day.
