The Trump administration appealed a federal court decision on Nov. 1 that threw out a lawsuit seeking to prevent Alaska from certifying the election results if Republican Sen. Dan Sullivan loses by fewer votes than were cast for another candidate named Sullivan.
The Justice Department had argued that retired school teacher Daniel J. Sullivan aimed to cause voter confusion with the incumbent, Daniel S. Sullivan. But the state Supreme Court allowed both names on the ballot. U.S. District Judge Sharon Gleason dismissed the case at the request of the state, which said "Alaska can proceed to administer its elections consistent with state and federal law."
Gleason said the administration couldn't fix its lawsuit because the federal court "lacks the authority
to order that certain ballots cast by Alaskans be segregated so that federal law enforcement officials can conduct an unspecified investigation of the voters who cast them."
Justice Department to appeal judge's ruling in Alaska
Stanley Woodward, the associate attorney general who filed the case, and U.S. Attorney Michael Heyman immediately filed notice they would appeal.
The Senate race in Alaska is closely watched nationally because Republicans control the chamber with a 53-47 majority. Democratic former Rep. Mary Peltola is challenging Sullivan in the race.
The New York Times reported that Peltola recruited Daniel J. Sullivan to enter the race, which provoked the federal lawsuit and a parallel criminal investigation.
But Peltola has denied involvement in any effort to recruit Daniel J. Sullivan, who lives in a remote fishing village, to enter the race, saying at a rally that she is "not interested in tricking voters." The retired teacher has denied in interviews with news outlets that his aim is to confuse, but has said he would prefer Peltola winning over the incumbent senator.
Gleason wrote in her decision that the administration's proposal to segregate ballots would violate the right of voters in Alaska to a secret ballot. The judge dismissed the case on the basis that the federal government lacked the necessary legal standing to bring it.
"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," Gleason wrote.
Alaskan voters deserve a fair election, not to be misled "in an attempt to rig outcomes," the Justice Department said in a statement about the appeal.
Alaska officials did not immediately respond to requests for comment on the ruling.
The American Civil Liberties Union, which intervened in the lawsuit in support of Alaska, said the judge rebuffed a Justice Department effort to "throw out Alaska's election results before a single ballot was counted."
"This administration keeps trying to tilt the midterms, and today (Sunday) it lost again," the ACLU said.
Election oversight
The administration has taken an increasingly aggressive approach to election oversight, pressing states for voter-registration data and arguing that stricter measures are needed to ensure public confidence in the vote. Critics, including Democratic and some Republican election officials, view the moves as federal overreach.
The lawsuit filed by the Justice Department on Oct. 22 challenged the candidacy of Daniel J. Sullivan. According to the lawsuit, he is running "with the intention of misleading supporters of Senator Sullivan into voting for him." The administration said that certifying the election could violate the federal government's duty to protect the integrity of elections.
The suit sought to temporarily bar Alaska election officials from certifying a Peltola victory in the event that assigning all of Daniel J. Sullivan's votes to the incumbent would have changed the results. The lawsuit said that, in such a scenario, Gleason should investigate whether voters who selected Daniel J. Sullivan had instead intended to support the incumbent.
'Ballot stacking'
The New York Times reported on Oct. 28 that Peltola campaign staff members had worked with a Democratic operative from Ohio to find another Dan Sullivan to run to peel votes from the Republican senator. Reuters has not verified the report.
It is not clear what, if any, laws may have been broken. Both parties have engaged in "ballot stacking" by propping up lesser-known candidates to siphon votes from their opponents.
Trump, who has told reporters he ordered the Justice Department to file the lawsuit, has called for Peltola to be criminally prosecuted. The Justice Department has brought criminal charges against a number of Trump's adversaries.
Peltola's campaign had called the lawsuit meritless.
Contributing: Reuters
This article originally appeared on USA TODAY: Judge dismisses Trump lawsuit over Alaska Senate race and DOJ will appeal
