Judge rules federal government lacks standing to halt Alaska Senate certification

A federal judge in Alaska dismissed a lawsuit filed by the Trump administration that sought to freeze the certification of the state’s U.S. Senate election results.

U.S. District Judge Sharon Gleason ruled on Sunday that the federal government does not have the legal standing to bring the case. The suit relied on the preamble of the National Voter Registration Act to demand that state officials stop certifying the vote count. This pause was intended to allow time for an investigation into whether voters became confused by the presence of two candidates with similar names on the ranked-choice ballot.

Gleason determined that the requested court order would likely interfere with Alaskan voters' right to a secret ballot. She noted that the United States failed to explain how it could remedy its alleged injury while keeping the voting process confidential. Gleason, a nominee of former President Barack Obama, wrote that the lack of clarity in the government's request was telling.

The Justice Department plans to appeal the decision. Spokesperson Kiersten Pels told NPR in a statement that Alaskan voters deserve a fair election rather than one where outcomes are rigged through misleading tactics. Voting rights groups that intervened to defend the state’s process welcomed the ruling. Sophia Lin Lakin, director of the American Civil Liberties Union’s Voting Rights Project, called the lawsuit a reckless waste of taxpayer money. She described the attempt to throw out results before a single ballot was counted as lawless from the start.

President Trump said he ordered the lawsuit because Sen. Dan Sullivan, the Republican incumbent, shares a similar name with Daniel Sullivan Jr., an unaffiliated candidate on the ballot. Alaska’s Republican Party had previously tried to keep Sullivan Jr. off the ballot in state court. However, the Alaska Supreme Court ruled in June that Sullivan Jr. has the right to run. Republican claims that Democrats supported Sullivan Jr. to spoil the incumbent’s chances have persisted throughout the campaign.

A report from The New York Times about Democratic operatives recruiting Sullivan Jr. drew new attention to those allegations, though NPR has not independently confirmed the details. Alaska Gov. Mike Dunleavy, a Republican, has ordered an investigation and suggested the state might hold off on certifying the race depending on the findings. Dunleavy told NewsNation on Oct. 30 that if wrongdoing is found, the certification may be stopped or changed. U.S. Attorney Michael Heyman announced at a press conference in Anchorage on the same day that the Justice Department is conducting an ongoing criminal probe.

Democratic candidate Mary Peltola, a former representative, has denied any involvement in the recruiting efforts. Incumbent Sullivan said in an interview with CNN on Sunday that he will accept the election results regardless of the outcome. More than 86,700 voters have already cast ballots during the early voting period, according to Alaska’s Division of Elections. Voting continues through Tuesday’s Election Day.