A federal judge has dismissed the Alaska Senate lawsuit filed by the Justice Department seeking to block certification of the Alaska Senate race if Democrat Mary Peltola defeats Republican incumbent Dan Sullivan. The ruling, handed down on November 1, removes one of the most controversial legal threats hanging over Tuesday’s election.
United States District Judge Sharon Gleason ruled that the Justice Department’s claims failed on both procedural and substantive grounds. The department had argued that a second candidate named Sullivan on the ballot would create voter confusion and violate federal election law, but Gleason found that the claim was speculative and that the federal government lacked standing to intervene in the state’s administration of its own election.
The case centred on the presence of Eric T. Sullivan, a registered independent candidate whose name appears on the same ballot as Dan Sullivan. Federal lawyers argued that voters could confuse the two Sullivans and that this could improperly benefit Peltola, a former congresswoman and the Democratic nominee. They asked the court to stop Alaska officials from certifying results that would award the seat to Peltola.
Gleason rejected that argument in full. She wrote that the Justice Department had produced no evidence that a significant number of voters were confused and that the ballot already clearly identifies candidates by party, occupation and residence. She also held that the federal government could not seek to preempt a state certification before votes had even been counted.
What the judge decided
In her order, Gleason said the suit asked the court to interfere with a state election on the basis of a hypothetical outcome. She said the Justice Department had not shown a violation of the Voting Rights Act, the Help America Vote Act or any other federal statute, and that Alaska’s election procedures already provided safeguards for voters who need clarification.
The decision follows the pattern in the earlier Alaska case, in which a separate judge declined to intervene in a similar challenge. Legal analysts said the November 1 ruling was expected, given the courts’ reluctance to block state certification processes on speculative grounds.
Why the DOJ sued
The Justice Department’s lawsuit was filed in September after the Alaska Division of Elections confirmed that two candidates with the surname Sullivan would appear on the general election ballot. Dan Sullivan, the incumbent, is a Republican first elected in 2014. Eric Sullivan, an independent, is a former state employee with no prior electoral history.
Federal lawyers pointed to examples of voter confusion in other states, including cases where similarly named candidates received unexpected votes. But Gleason said those examples were not comparable because Alaska uses ranked-choice voting and provides detailed voter guides that distinguish candidates by more than their surname.
The department has not yet said whether it will appeal. Legal experts said an appeal before Election Day would be unlikely to succeed, given the short timeframe and the high bar for emergency relief. A post-election appeal could still be filed if Peltola wins and the department seeks to challenge certification, but Gleason’s ruling makes that path significantly harder.
What this means for the race
With the lawsuit dismissed, Alaska officials can proceed with certification on the normal timetable if Peltola wins on November 3. The race remains close, with recent polling showing Sullivan holding a narrow lead, but Peltola’s campaign has argued that momentum is shifting in her favour as voters focus on health care, fisheries and the cost of living.
Reaction and next steps
Peltola’s campaign welcomed the ruling, saying it protects the right of Alaskans to choose their senator without federal interference. Sullivan’s campaign declined to comment on the legal decision, but reiterated that the senator is focused on the issues facing Alaska.
State election officials said they will continue with the normal certification process and that voters should not be concerned about delays. They also reminded voters that ranked-choice voting allows them to rank candidates in order of preference, which can help reduce confusion when multiple candidates share a surname.
The ruling comes at a critical moment, with voters already casting ballots in early voting and Election Day just days away. It also removes a potential source of uncertainty that could have delayed certification and fuelled disputes about the legitimacy of the result.
That decision could also affect other states where similar lawsuits have been filed or threatened. Courts in several states have already rejected attempts to block certification on speculative grounds, and Gleason’s ruling adds to that body of case law.
For now, the focus returns to the campaign itself, with both candidates making final appeals to voters in the closing days before November 3.
Sources: USA Today, Al Jazeera and Democracy Docket.