Alaska Senate certification suit thrown out by federal judge; Justice Department says it will appeal
US District Judge Sharon Gleason ruled that the federal government lacked standing and that separating ballots cast for a second Dan Sullivan on the ballot would violate voters' right to a secret ballot.
A federal judge in Anchorage on Sunday 1 November dismissed a Justice Department lawsuit that sought to separate ballots and delay certification of Alaska’s US Senate race, where Republican Sen. Dan S. Sullivan faces Democrat Mary Peltola, Reuters and Scripps News reported.
The suit, filed on 22 October, targeted the candidacy of a retired teacher named Daniel J. Sullivan Jr., who is also on the ballot. It asked the court to bar certification of a Peltola win if giving all of his votes to the senator would have changed the result, and to investigate whether those voters meant to back the incumbent, Reuters reported. Our earlier report on the lawsuit is here.
US District Judge Sharon Gleason ruled that the federal government lacked standing and that separating the ballots would violate voters’ right to a secret ballot. “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. She added that “such late-breaking changes to the election rules are strongly disfavored.”
The Justice Department filed a notice of appeal and said in a statement: “Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes.” Trump told reporters he had not heard about the ruling, but called the case “a very important lawsuit,” Scripps reported.
Alaska’s elections division welcomed the ruling, and the American Civil Liberties Union, which supported the state, said: “This administration keeps trying to tilt the midterms, and today it lost again.” Peltola has denied any involvement in recruiting the second Sullivan, and her campaign had called the suit meritless, Reuters reported.
Sources
- Judge throws out DOJ attempt to delay certification of Alaska Senate race · Scripps News
- Judge tosses Trump attempt to block Alaska vote results if Republican loses · Nikkei Asia (Reuters)
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