Alaska Senate Election: Judge clears path for Peltola win despite DOJ challenge
A federal judge ruled that separating votes for the decoy candidate would violate voter privacy, allowing the ranked-choice vote to proceed as scheduled.
By Anthony Shevchenko ·

The outcome of Tuesday's election in Alaska is no longer subject to a federal legal challenge that could have delayed the certification of a victory for Democratic candidate Mary Peltola. On Sunday, U.S. District Court Judge Sharon Gleason dismissed a lawsuit filed by the Justice Department. The suit sought to block the counting of votes if Republican incumbent Dan Sullivan lost. For voters who have already cast ballots in early voting, this decision removes the immediate risk of a legal limbo before the final count.
The core of the dispute involves a second candidate on the ballot, Daniel J. Sullivan Jr. He is a retired teacher who shares the first name of the incumbent. The Justice Department argued that an investigation was necessary to determine if votes intended for the senator were accidentally cast for the decoy. Gleason found this approach impossible to execute. She noted that ballots had already been mixed in a way that made it impossible to identify which person cast which specific vote without breaking the seal of voter secrecy.
Gleason wrote that the relief requested by the United States was infeasible because many voters had already participated. She stated that the government provided no workable plan to segregate ballots cast for Daniel J. Sullivan on Election Day. Furthermore, she argued that conducting an unspecified investigation of those ballots would fail to preserve voter anonymity. The order clears the way for the state to certify the results without federal intervention based on this specific theory.
The lawsuit was filed less than two weeks before the election. It arrived while early voting was already underway. The state of Alaska argued the case lacked merit. Officials contended there was no method to determine voter intent without violating the privacy of those who had already voted. The dismissal ends that legal standoff, leaving the race to be decided by the ranked-choice voting process scheduled for Tuesday.
Political tensions surrounding the ballot remained high in the days leading up to the decision. Sullivan, a former attorney general and ally of President Donald Trump, accused Peltola of knowing her top aides were involved in recruiting the retired teacher. He pointed to a New York Times report from the previous week. That report cited interviews with a former campaign manager, text messages, and campaign finance documents linking a recruiter to a group supporting Peltola.
Sullivan told CNN that he doubted Peltola’s claim that she had no knowledge of the arrangement. He stated that she had been caught lying to the Alaskan public. Peltola has maintained that she had nothing to do with recruiting the other candidate. She described the focus on the name confusion as a distraction from the high prices caused by the war in Iran. Her campaign and the Democratic Senatorial Campaign Committee have both denied involvement in the strategy.
The presence of the second Sullivan has drawn reaction from leaders on both sides of the aisle. President Trump called for Peltola to be prosecuted after the news report emerged. Federal agents issued subpoenas in the case. Meanwhile, South Carolina Senator Tim Scott suggested criminal charges might be appropriate if candidates work in collusion to confuse voters. He stated that such actions are criminal in nature. Other Democrats, including Representative Jamie Raskin and Senator Bernie Sanders, described the tactic as common in elections, even if they found the strategy unwise.
Sullivan said he expects to lose votes to what he called trickery. He expressed confidence that he would accept the final results of the election. The dismissal of the lawsuit leaves the determination of the Senate seat in the hands of the voters and state election officials. The race remains one of the most closely watched in the country, with control of the Senate at stake.
The decision comes as both candidates continue to campaign across the state. Sullivan recently participated in a community event near Anchorage, where he joked about his costume being the real Dan Sullivan. The legal victory for the election process does not resolve the political questions about how the second candidate ended up on the ballot. Those questions will likely persist regardless of who wins the race.





