Judge tosses DOJ’s lawsuit over Alaska Senate race

A federal judge on Sunday dismissed the Trump administration’s lawsuit in Alaska that sought to block certification if the second Dan Sullivan running for Senate causes voter confusion and leads Democrats to flip the seat.

U.S. District Judge Sharon Gleason ruled the administration hadn’t shown how she could rectify their concerns, as ballots are already prepared and Election Day is on Tuesday.

“More fundamentally, 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,” Gleason wrote.

That Dan Sullivan is listed on Alaska’s ballot alongside incumbent Republican Sen. Dan Sullivan and Democrat Mary Peltola.

The Alaska Supreme Court has signed off on the new Dan Sullivan’s candidacy, but the Justice Department launched a federal lawsuit last month. The suit asked Gleason to segregate ballots cast for him and block certification of any result impacted by voter confusion until she can conduct an investigation.

The administration can now try to appeal to the U.S. Court of Appeals for the 9 th Circuit.

The Trump administration has accused Democrats of misleading the judge after a New York Times report emerged that operatives aligned with Peltola had recruited the second Dan Sullivan. Investigations have been launched , but Peltola has denied any personal knowledge of the plan.

Gleason, an appointee of former President Obama who serves on the federal bench in Anchorage, didn’t address the story in her 20-page opinion. Still, she sided with Democrats, Peltola’s campaign and Alaska’s GOP-led government , which all urged her to immediately toss the case.

“Clearly, 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,’” Gleason wrote. “Such late-breaking changes to the election rules are strongly disfavored.”

The Hill has reached out to the Justice Department for comment.