“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.
A federal judge has dismissed a Trump administration lawsuit that sought to delay the certification of Alaska’s U.S. Senate election if the Republican incumbent loses by a small margin.
In its lawsuit, the U.S. Department of Justice claimed that having two Republican candidates named Dan Sullivan on the ballot—one the incumbent, and the other a former schoolteacher—could result in “voter confusion,” potentially leading some citizens to inadvertently select the wrong candidate.
Earlier this week, however, U.S. District Judge Sharon Gleason found that the government doesn’t have the authority to force Alaska to segregate and investigate ballots in what the BBC describes as a “three-way race between Sullivan, Daniel J. Sullivan, and Democrat Mary Peltola.” In her ruling, Gleason noted that the Justice Department has no feasible means to trace comingled ballots back to voters—and if that it attempted to do so, it would likely infringe upon principles of voter secrecy.
“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.
“The absence of any explanation from the United States as to how its requested relief could redress its alleged injury while simultaneously maintaining the secrecy of the ballot is telling,” she added.
The American Civil Liberties Union, which opposed the Justice Department’s lawsuit, released a statement praising Gleason’s ruling, positing it as a significant victory for democracy.
“DOJ’s attempt to throw out Alaska’s election results before a single ballot was counted was lawless from the start, and the court saw it for exactly what it was. It was a reckless waste of taxpayer money aimed at silencing hundreds of thousands of Alaska voters,” said Sophia Lin Lakin, the director of the ACLU’s Voting Rights Project.
The Justice Department has since indicated that it plans to appeal Gleason’s ruling; in a statement to NPR, agency spokesperson Kiersten Peis said, “Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes.”
The Democratic nominee, Mary Peltola, has denied any involvement in Daniel J. Sullivan’s inclusion on the ballot.
On Sunday, Republican Sen. Dan Sullivan told CNN that he would accept the election results irrespective of whether he wins or loses.
Sources
Judge dismisses Trump administration’s lawsuit over two Dan Sullivans in Alaska election
Judge tosses Trump’s attempt to block Alaska Senate results if GOP incumbent loses
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