Alaska Judge Sets Tight Deadlines in Senate Election Lawsuit

Alaska voters face a compressed legal schedule as federal Judge Sharon Gleason fast-tracked the Department of Justice lawsuit concerning the state's Senate election. The judge's order on Monday night requires the DOJ to file responses to motions to intervene by 5 p.m. Alaska Time on Tuesday, October 27.

The case was filed by the DOJ on Thursday, October 22. The suit seeks to block the certification of election results if incumbent Republican Senator Dan Sullivan loses the race. The government argues that voter confusion between Senator Sullivan and challenger Daniel J. Sullivan could affect the final count. If the judge grants the motions to intervene, the DOJ must respond to a motion to dismiss the case by 5 p.m. on Thursday, October 29.

Peltola's campaign and the Democratic Senatorial Campaign Committee filed a motion to expedite the case. They argue the DOJ is raising state law issues that the Alaska Supreme Court already resolved. The campaign stated it is concerned that President Donald Trump and Attorney General Todd Blanche will use the pending lawsuit to challenge a potential victory by Democratic nominee Mary Peltola. Peltola told MS NOW on Friday that the suit is a desperate attempt to cling to power.

State election officials entered the dispute on Monday. They filed a motion asking the judge to dismiss the lawsuit with prejudice by November 2, the day before the election. The officials stated that the Division of Elections has taken steps to distinguish the two candidates on the ballot. The motion claimed the United States lacks the authority to intervene in state elections to support a favored candidate.

Attorney General Todd Blanche said on Sunday that the lawsuit does not seek to stop ballots from being cast. He stated the goal is to ensure ballots are preserved so state officials can determine if voters were confused. The DOJ noted that Senator Sullivan's name appears on the ballot as Dan S. Sullivan with his party and incumbent status, while the other candidate is listed as Daniel J. Sullivan with no additional descriptors.

Daniel J. Sullivan said in an email to the Alaska Beacon that the experience has been overwhelming. He described the litigation as a misuse of the Justice Department for a situation previously resolved by state courts. He expressed faith that Alaskan voters can make an informed decision despite the similar names.

Peltola's campaign reported that the candidate and her family sustained minor injuries in a vehicle accident on Saturday night. The incident occurred while they were traveling to the Alaska Federation of Natives Annual Banquet. The campaign canceled events in Fairbanks and Bethel on Sunday and Monday to allow for recovery.