A federal judge appointed by former President Barack Obama dismissed a lawsuit by the Trump administration seeking a delay in certifying the Senate election if a
Democrat scheme to confuse voters costs incumbent Sen. Dan Sullivan (R-AK) the victory.
Judge Sharon Gleason dismissed a suit on Sunday from the Justice Department that argued that the Alaska Senate election should not be certified if it could be determined voters who meant to cast their ballots for the incumbent went for the so-called independent candidate named Dan J. Sullivan, dubbed "Decoy Dan" by Republicans.
Gleason argued that the Justice Department did not propose a plan for determining which voters meant to support the incumbent, not the second Sullivan.
"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.
"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.' Such late-breaking changes to the election rules are strongly disfavored," she added.
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A report from The New York Times revealed last week that Democrat operatives, including staff of Democrat candidate Mary Peltola, were involved in an effort to recruit the second Sullivan. The purported effort would siphon away voters from the incumbent in Alaska's convoluted ranked-choice voting system.
The Trump administration promised to continue fighting and already filed an appeal.
"Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes," said Justice Department spokeswoman Kiersten Pels.
The original suit from the Justice Department argued that the integrity of the election would be violated if voters are drawn away from Sullivan by "Decoy Dan."
"Should Alaska certify any electoral results tainted by the inclusion on the ballot of Daniel J. Sullivan — whose candidacy, Defendant Beecher found, is 'for the purpose of confusing or misleading voters and compromising the fairness of the ballot' — the State and its officers will fail in its obligation to protect the integrity of its election," the suit said. "The United States accordingly brings this lawsuit to protect the integrity of the 2026 Senate election in Alaska."
Peltola has denied any knowledge of the efforts to recruit Dan J. Sullivan to run for office.
"I just want to clear the air," she said last week. "I knew nothing about any other candidate on the ballot except for me and the incumbent. That is all I have ever known about. I am not interested in tricking voters."
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