Federal judge dismisses Alaska spoiler candidate lawsuit

By Andrew Rice
The Center Square

A federal judge in Alaska on Sunday dismissed a lawsuit filed by the U.S. Justice Department seeking to delay certification of Alaska’s U.S. Senate race if an alleged spoiler candidate remains on the ballot.

U.S. District Judge Sharon Gleason issued an order on Sunday dismissing the Department of Justice’s complaint, saying the request to delay certification is “infeasible.”

The lawsuit came as federal officials highlighted concerns of voter confusion over the presence on the ballot of Daniel J. Sullivan, a school teacher, alongside incumbent U.S. Sen. Dan Sullivan, R-Alaska. A report from the New York Times alleged individuals associated with Democratic candidate Mary Peltola’s campaign worked to recruit Daniel J. Sullivan to get on the ballot.

On Oct. 22, lawyers for the Justice Department asked the court to allow investigators to segregate ballots as part of an investigation to determine whether voters suffered confusion.

Gleason said the Justice Department’s plan to segregate ballots was not feasible. She said officials with the government raised concerns over how to maintain ballot secrecy in their plans to investigate the case.

“Requiring the segregation of ballots cast by voters for Daniel J. Sullivan so that these voters can be further investigated by law enforcement is not a remedy that this Court can or should order as it clearly violates Alaskans’ right to a secret ballot,” Gleason said in a court order.

She said the process of election administration would not allow the proposed investigation to move forward. Ballots in Alaska are counted after being separated from identifying materials, Gleason pointed out.

Gleason also warned against issuing an order that would affect results of the upcoming midterm elections. She cited U.S. Supreme Court cases that warn against making consequential decisions in the days before an election.

“If this Court were to order that certain ballots will be segregated and subject to a future and as yet unspecified investigation by law enforcement, it would likely result in voter ‘confusion and consequent incentive to remain away from the polls.’ Such late-breaking changes to the election rules are strongly disfavored,” Gleason wrote.

Officials from the U.S. Department of Justice are expected to appeal Gleason’s decision, with only two says before the midterm elections. Alaska Gov. Mike Dunleavy ordered investigators to launch a criminal probe in the case.