A federal judge has fast-tracked the Alaska Senate lawsuit brought by the Justice Department over potential voter confusion between Republican incumbent Dan Sullivan and another candidate with a similar name. The schedule could allow a ruling on a dismissal request before the November 3, 2026 election.

Key Takeaways

  • The Justice Department is seeking to prevent certification under a narrow set of circumstances if the incumbent loses.
  • Alaska election officials and Democrat Mary Peltola’s campaign want the case dismissed.
  • Judge Sharon Gleason intends to decide by late Wednesday whether Peltola’s campaign and other groups can intervene.

What the Alaska Senate lawsuit seeks

The Justice Department asked the court to bar Alaska from certifying the Senate results if Sen. Sullivan loses by a margin that could be attributable to voters mistakenly choosing Daniel J. Sullivan. The department wants an investigation in that situation to determine whether confusion was sufficient to affect the outcome.

The department alleges that Daniel J. Sullivan entered the race to benefit Peltola by drawing votes from the incumbent. Daniel J. Sullivan disputes that characterization and has said he ran because he wanted to offer voters change.

Attorney General Todd Blanche said the department was not seeking to stop ballots from being cast or the election from being certified. He said the litigation sought to preserve ballots so Alaska officials could determine whether voters were confused. The department has not explained how an investigation before certification could establish which voters were confused.

State officials and campaign seek dismissal

Alaska election officials asked the judge to dismiss the case immediately and with prejudice, arguing that it has no legal basis. They said the Division of Elections had taken significant steps to distinguish the two candidates on the ballot.

The ballot identifies the incumbent as Dan S. Sullivan, a Republican and the sitting senator. The other candidate is listed as Daniel J. Sullivan, without words next to his name.

Peltola’s campaign and the Democratic Senatorial Campaign Committee also seek dismissal. Their lawyers warned that a pending case could be used to challenge a potential Peltola victory. The winner of the race could determine which party holds a Senate majority starting in January.

The court’s expedited schedule

Judge Sharon Gleason ordered the Justice Department to respond by 5 p.m. Alaska time on Tuesday, October 27, to requests to intervene from Peltola’s campaign, the Democratic Senatorial Campaign Committee, the League of Women Voters and Common Cause. She intends to rule on those requests by late Wednesday afternoon.

If she permits intervention, the department should be prepared to respond to the campaign and committee’s dismissal motion by 5 p.m. Thursday. State officials separately requested a decision on their dismissal motion by November 2, the day before the election.

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