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Judge dismisses DOJ’s lawsuit involving Peltola campaign allegations
Trump-ordered attempt to halt certification of US Senate race if incumbent Dan Sullivan narrowly loses lacks legal merit and violates voter privacy laws, according to ruling
By Mark Sabbatini
Juneau Independent
A federal judge on Sunday threw out a lawsuit ordered by President Donald Trump seeking to halt certification of Alaska’s U.S. Senate race if the outcome is close due to accusations the campaign for Democratic challenger Mary Peltola recruited spoiler candidates with nearly the same name as Republican incumbent Dan S. Sullivan.
The lawsuit by the U.S. Department of Justice lacked legal merit and also sought to pursue actions that would violate voter privacy laws, U.S. District Judge Sharon Gleason wrote in her ruling. Those actions included separating any ballots ranking Petersburg resident Dan J. Sullivan so investigators could question voters about which candidate they intended to support.
"The United States maintains that it is ‘not seeking to alter the time, place, or manner of Alaska’s election,’" Gleason wrote. "And yet it seeks a court order preventing the State from certifying the election if certain circumstances occur; a court order requiring the State to segregate and preserve certain ballots; and a court order permitting the United States to conduct an investigation into the intent of those voters who cast ballots for Daniel J. Sullivan."
"These requests certainly involve the time, place, and manner of Alaska’s election, which are the responsibilities of the State, not the executive branch of the federal government. Clearly, if this Court were to order that certain ballots will be segregated and subject to a future and as yet unspecified investigation by law enforcement, it would likely result in voter ‘confusion and consequent incentive to remain away from the polls.’ Such late-breaking changes to the election rules are strongly disfavored."
DOJ has filed notice stating it is appealing the ruling, according to the Associated Press. “Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes,” a department spokesperson said in a statement.
Democratic Senatorial Campaign Committee Executive Director Devan Barber told the Associated Press that "today’s ruling is a victory for democracy and a clear message to Donald Trump and Senate Republicans: No one, no matter how powerful, can toss out free and fair elections just because they don’t like the result."
The U.S. Senate race between Peltola and Dan S. Sullivan is expected to be close and potentially decide which party controls that chamber during the final two years of Trump’s second term. A poll of voters by Alaska Survery research conducted Oct. 26-28 shows Peltola getting 48% of first-choice votes under the state’s ranked choice system, Dan S. Sullivan 46%, Dan J. Sullivan 3% and Republican Gerald L. Heikes 3%. Peltola prevails over Dan S. Sullivan 51%-49% when the ranked choice process is complete.
Nearly 15% of registered Alaska voters have cast ballots for the general election through Saturday, according to the Alaska Beacon, which also reported turnout is expected to be near 50% based on trends over the past two midterm elections.
Dan S. Sullivan told CNN on Sunday he will accept the election results, while also attacking Peltola as “not fit for office” in part because of the allegations involving Dan J. Sullivan.
The DOJ’s lawsuit seeks to halt certification of the election if first-choice ballots for Dan J. Sullivan exceed Peltola’s victory margin if she wins. Republican Gov. Mike Dunleavy has also declared the state certification of the election "may be stopped or changed" if wrongdoing is suspected.
Gleason, in her ruling, wrote the Trump administration’s request wasn’t legal or practically feasible.
"The United States provides no workable plan as to how it proposes to segregate ballots cast for Daniel J. Sullivan on Election Day and then conduct a court-ordered unspecified 'investigation' of those ballots in a manner that would preserve voter secrecy," she wrote.
The Trump administration, Dunleavy and top officials in his administration, Dan S. Sullivan, and other Republicans have accused Dan J. Sullivan of being a sham candidate recruited by the Peltola campaign to confuse voters. Those accusations gained momentum when The New York Times reported last week the Peltola campaign worked with Democratic operatives to recruit the Petersburg resident and other candidates named Dan Sullivan, plus other spoiler candidates.
The newspaper also reported such tactics, known as ballot stacking, are common in campaigns and generally legal. The Alaska Department of Law, Peltola campaign and other parties that intervened as defendants in the DOJ lawsuit asserted the federal government failed to credibly cite any laws broken or assert why it has the authority to intervene in a state-run election.
Peltola, her campaign, Dan J. Sullivan and others accused of the ballot stacking have denied such activity.
DOJ said Friday it is stepping up a criminal investigation of the alleged collaboration that has been underway for months and Dunleavy last week said a state criminal investigation is also occurring.
The New York Times, in a story reporting Sunday’s ruling in Alaska’s U.S. Senate lawsuit, noted the Trump administration has suffered other recent defeats in its attempt seeking to legally intervene in state-administered elections.
A U.S. District Court in California on Friday blocked the administration from threatening to prosecute state and local election officials who do not comply with the department’s directives on handling ballots, according to the newspaper. Also on Friday, a federal appeals court panel denied a request to order California officials to set aside about 20,000 mail-in ballots that the administration claimed had been sent to possible noncitizens.
The same appeals court will consider the Alaska case. Rick Hason, lead author of the Election Law Blog, wrote Sunday that DOJ hasn’t yet tried to appeal its California loss to the U.S. Supreme Court so "we will see how much further (the Alaska) case actually goes."
"What is helping to save election administration in this country is the sheer incompetence of the U.S. Department of Justice," he wrote.
• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.
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