Judge fast-tracks DOJ’s US Senate lawsuit; state argues Trump-ordered case ‘has no legal basis’

Motions to dismiss case may be heard this week; Dunleavy administration, which tried to remove Dan J. Sullivan from ballot, says federal government can’t intervene in race

Carol Beecher, the director of the Alaska Division of Elections, speaks during a news conference, Feb. 16, 2023, in Juneau, Alaska. (AP Photo/Becky Bohrer, File)

By Mark Sabbatini

Juneau Independent

The Dunleavy administration justified removing Dan J. Sullivan from the U.S. Senate ballot by claiming he was a "sham candidate," but on Monday declared the Trump administration doesn’t have the right to intervene on the same basis.

Also on Monday night, a federal judge agreed to expedite the case with a series of deadlines during the next three days involving motions to dismiss the lawsuit.

The State of Alaska, in a formal response to a lawsuit by the U.S. Department of Justice seeking to prevent certification of the race if Republican incumbent Dan S. Sullivan narrowly loses, asserted the federal government "has no legal basis" to intervene.

"The United States lacks authority to intervene in state elections at all, much less in support of a favored candidate," the response notes.

The lawsuit filed by the Trump administration on Thursday seeks to keep the state from certifying the election results if Dan S. Sullivan loses and the votes cast for Dan J. Sullivan, a retired teacher from Petersburg, are enough to change the outcome.

The state’s filing comes after multiple other parties filed motions to intervene, in part because the lawsuit is based on accusations made by the Dunleavy administration about the legitimacy of Dan J. Sullivan’s candidacy. Alaska Division of Elections Director Carol Beecher removed him from the ballot earlier this year, declaring his intent was to confuse voters, with the Alaska Supreme Court overturning her decision as illegal.

Beecher, a defendant in the federal lawsuit, is now arguing Dan J. Sullivan should remain on the ballot.

"Although Alaska faces an unusual situation in which two candidates for U.S. Senator share a first and last name, the Division has taken significant steps to distinguish them on the ballot so that voters can easily determine which candidate is which," the state’s response notes.

"If any Sullivan-supporting voter remains uncertain which Sullivan is which despite this clear differentiation on the ballot, the voter can ask for assistance from others or look up information about the candidates using a smart phone or an election pamphlet. And if the voter is still uncertain, Alaska’s ranked-choice voting system provides another solution: the voter can rank the Sullivans as his first and second choices. That way, if the voter’s first-ranked Sullivan is eliminated, his vote would transfer to the other Sullivan. The voter’s vote would not ‘be transferred to Peltola’ as the complaint asserts, unless the voter chose to rank Peltola as his next choice instead of the other Sullivan."

The state’s response also notes the federal lawsuit was filed more than two months after the Aug. 18 primary — well after ballots for the Nov. 3 general election were printed — and "many Alaskans have already cast general election ballots via absentee or early voting."

Praise for the merits of the state’s legal arguments was offered by Dunleavy administration critics, including attorney Scott Kendall — who was part of an unsuccessful effort to recall the governor — who stated in a social media post "kudos to the Dunleavy Administration’s Department of Law. They put their strongest attorneys on this case." However, Suzanne Downing, publisher of The Alaska Story and among those calling Dan J. Sullivan a sham candidate, noted Monday that Alaska Acting Attorney General Cori Mills is not among the Department of Law attorneys signing the response.

Among the third parties seeking to intervene in the lawsuit on the state’s behalf is the campaign organization for Democratic candidate Mary Peltola, an attorney who supported Dan J. Sullivan challenge when the state removed him from the ballot, the civic groups Common Cause and the League of Women Voters of Alaska, and individuals who are registered Alaska voters.

Judge Sharon Gleason, an appointee of President Barack Obama, ordered DOJ to respond to two motions to intervene by 5 p.m. Tuesday, while also giving the state the option to respond to those motions by the same deadline. The Anchorage judge also stated she intends to issue a ruling by 5 p.m. Wednesday and if she grants intervention DOJ needs to file a response to motions to dismiss the case by 5 p.m. Thursday.

• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.