ANCHORAGE, Alaska — A federal judge on Sunday threw out the U.S. government’s bid to hold up Alaska’s Senate results over a second candidate named Sullivan. According to the suit, some votes intended for Sen. Dan Sullivan would likely go to the other man instead.
U.S. District Judge Sharon L. Gleason ruled the United States had no standing to bring the case. There was no way to grant its request, she wrote in a 20-page order, without breaching Alaskans’ right to a secret ballot.
The government filed suit Oct. 22 and revised it a week later. It argued that Daniel J. Sullivan’s name on the ballot would confuse people, and that some of the senator’s backers would probably pick the other Sullivan by accident.
That mix-up, the suit claimed, raised a “realistic chance” Mary Peltola would win even if most Alaskans wanted the senator.
The United States asked the court to bar certification of any result possibly affected by the confusion until investigations determined whether votes for Daniel J. Sullivan were meant for the senator. The state, Alaskans for Mary, the Democratic Senatorial Campaign Committee and the League of Women Voters of Alaska all moved to dismiss.
Secret ballot at issue
Gleason found that ballots already cast had been mixed together and could no longer be separated or traced to the people who cast them. The government offered no workable plan to set aside and investigate ballots while keeping votes secret, she wrote.
The judge pointed to an Oct. 30 news conference at which the U.S. attorney for Alaska said federal and state law enforcement were working to make sure votes counted the way voters intended. Voters may well worry about their privacy if officers investigated their intent, Gleason wrote.
An order to preserve ballots would accomplish nothing, she added, because Alaska law already requires keeping ballots in federal races for 22 months. She also cited Supreme Court guidance that federal courts generally should not change election rules on the eve of an election.
The case was dismissed without prejudice, but Gleason refused to let the government amend its complaint again, calling another attempt futile. She denied its request for a preliminary injunction as moot and ordered the case closed.
A contested candidacy
The fight over Daniel J. Sullivan’s candidacy began in June. Carol Beecher, director of the state Division of Elections, decertified him June 15 after deciding he’d filed to confuse or mislead voters. A state judge reversed her June 26. Three days later, the Alaska Supreme Court agreed.
He appears on the ballot as “Sullivan, Daniel J. Jr.,” with no party listed. The senator is “Sullivan, Dan S. (Registered Republican) Incumbent.”
Peltola led the Aug. 18 primary with 49.54%. Dan S. Sullivan took 41.40%, Daniel J. Sullivan 2.47% and Gerald Heikes 1.05%. All four are on Tuesday’s ballot, and voters will rank them under Alaska’s ranked-choice system.
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