Justice Department Appeals Dismissal of Alaska Senate Ballot Lawsuit; Ninth Circuit's Default Schedule Puts First Brief After Certification Target
The Justice Department filed a notice of appeal Sunday, hours after a federal judge in Anchorage dismissed its lawsuit over ballots cast for Daniel J. Sullivan Jr., the Alaska U.S. Senate candidate who shares a name with Republican Sen. Dan Sullivan, according to court records.
The one-sentence notice, signed by Associate Attorney General Stanley E. Woodward Jr., tells the court the United States intends to appeal the order dismissing the case and the judgment entered the same day. The U.S. Court of Appeals for the Ninth Circuit opened the appeal Sunday as case No. 26-7304.
The department said Sunday it would appeal, arguing that the judge dismissed the case on procedural grounds without addressing its claim that Sullivan Jr. entered the race to confuse voters, Fox News reported. On "Fox & Friends First" Monday, Fox News contributor Josh Ritter said a pause in certification would be "the better course."
Video: Fox News, "Fox & Friends First" (Nov. 2, 2026)
What the Appeals Court Schedule Says
The Ninth Circuit's time schedule order, issued Sunday, sets the government's opening brief for Dec. 14, 2026, and the answering briefs from the state and the other parties for Jan. 11, 2027. A mediation questionnaire is due Nov. 9.
The Alaska Division of Elections' calendar lists Nov. 25, 2026, as its target date to certify the general election. That means the appeal, on its default schedule, would not be fully briefed until after the state plans to certify.
The schedule can change. The court's docketing notice tells the government that motions filed in the district court "are not transferred" and that it must "separately file on this court's docket any motion that seeks relief from this court." As of Monday morning, the appeals docket showed only the case opening and the schedule notice, with no motion to expedite or request for emergency relief.
Why the Judge Dismissed the Alaska Case
U.S. District Judge Sharon L. Gleason granted motions to dismiss from the state, the Democratic candidate's campaign committees and the League of Women Voters of Alaska, ruling that the government had not shown that the court could redress its claimed injury. The judgment says the amended complaint is "DISMISSED without prejudice."
Gleason wrote that ordering ballots for Sullivan Jr. set aside so voters could be investigated "is not a remedy that this Court can or should order as it clearly violate Alaskans' right to a secret ballot." She also cited the Supreme Court's Purcell principle, which cautions federal courts against changing election rules close to an election.
The ruling does not end the separate federal criminal investigation into Sullivan Jr.'s candidacy, and no one has been charged. Democratic former Rep. Mary Peltola, who faces Sen. Sullivan on Tuesday, has denied involvement, and Sullivan Jr. has denied coordinating with her campaign, according to Fox News. Sen. Sullivan said Sunday he would accept the results of Tuesday's election, Fox News reported.
Sources: United States v. State of Alaska, No. 3:26-cv-00376-SLG (D. Alaska), Notice of Appeal, ECF No. 81 (Nov. 1, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.81.0_1.pdf ; Order Dismissing Action, ECF No. 79 (Nov. 1, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.79.0_1.pdf ; Judgment, ECF No. 80 (Nov. 1, 2026): https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.80.0.pdf ; U.S. Court of Appeals for the Ninth Circuit, No. 26-7304, docketing notice and time schedule order (Nov. 1, 2026): https://storage.courtlistener.com/recap/gov.uscourts.ca9.8a0b432c-0e24-4384-bbb1-a17023532ab5/gov.uscourts.ca9.8a0b432c-0e24-4384-bbb1-a17023532ab5.2.0.pdf ; appeals docket: https://www.courtlistener.com/docket/75055469/united-states-of-america-v-state-of-alaska-et-al/ ; Alaska Division of Elections, Election Calendar: https://www.elections.alaska.gov/calendar/ ; Fox News, "DOJ set to appeal ruling in Alaska Senate race dispute" (Nov. 1, 2026): https://www.foxnews.com/politics/doj-set-appeal-ruling-alaska-senate-race-dispute-over-decoy-dan ; Fox News, "DOJ to appeal ruling in Alaska 'decoy Dan' ballot battle" (Nov. 2, 2026): https://www.foxnews.com/video/6407784548112 ; Cover photo: James M. Fitzgerald Federal Building, Anchorage, by Wonderlane via Wikimedia Commons, CC BY 2.0: https://commons.wikimedia.org/wiki/File:James_M._Fitzgerald_Federal_Building_and_J.C._Penney_parking_garage_viewed_from_Hotel_Captain_Cook.jpg
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