Judge Throws Out DOJ's Alaska Senate Lawsuit Two Days Before Election, Says Segregating Ballots Would Break the Secret Ballot
A federal judge in Alaska on Sunday dismissed the Justice Department's lawsuit seeking to delay certification of the state's U.S. Senate race if Republican Sen. Dan Sullivan loses, ruling that the government lacked standing to bring the case. The order, signed by U.S. District Judge Sharon L. Gleason two days before Tuesday's election, ends the department's bid to have ballots ranking a second candidate, Daniel J. Sullivan Jr., set aside for investigation.
Video: U.S. Attorney Michael Heyman at an Oct. 30 news conference in Anchorage, via the U.S. Department of Justice (@TheJusticeDept) on X.
What the Judge Ruled on the Alaska Senate Suit
In a 20-page Order Dismissing Action, which The Digital Free Press reviewed, Gleason granted three separate motions to dismiss: one from the State of Alaska and its Division of Elections, one from Democratic Senate candidate Mary Peltola's campaign committee, Alaskans for Mary, together with the Democratic Senatorial Campaign Committee, and one from the League of Women Voters of Alaska, Common Cause and two Alaska voters.
The judge found the United States failed to show "redressability," one of the requirements for standing under Article III of the Constitution. The government had asked the court to bar Alaska from certifying any result "that may be impacted by voter confusion" and told the court that "segregat[ing] all ballots ranking Daniel J. Sullivan . . . will be impossible after Election Day."
"Requiring the segregation of ballots cast by voters for Daniel J. Sullivan so that these voters can be further investigated by law enforcement is not a remedy that this Court can or should order as it clearly violate Alaskans' right to a secret ballot," Gleason wrote. She also cited the Supreme Court's Purcell principle, which cautions federal courts against changing election rules on the eve of an election.
'Only One Sentence' on the Remedy
The order says the state, the campaign and the voter groups each argued that no court could identify which voters picked Daniel J. Sullivan by mistake, because ballots are separated from voters' identifying information before they are counted. "In response to these challenges to redressability, the United States offers only one sentence," the judge wrote, quoting the government's filing: "Defendants can take measures, including but not limited to the segregation of ballots, to ensure the integrity of Alaska's elections results, and this Court can order them to do so."
"The absence of any explanation from the United States as to how its requested relief could redress its alleged injury while simultaneously maintaining the secrecy of the ballot is telling," Gleason wrote.
The order also lays out the primary results the state certified on Aug. 31: Democrat Mary Peltola received 49.54%, Sen. Dan S. Sullivan 41.40%, Daniel J. Sullivan Jr. 2.47% and Gerald Heikes 1.05%. The Alaska Superior Court and the Alaska Supreme Court ruled in June that the second Sullivan could stay on the ballot after the state's elections director tried to decertify him.
What Happens Next
The court entered judgment on Sunday dismissing the amended complaint without prejudice, the form used for dismissals for lack of standing. But Gleason refused to let the government file another amended complaint, finding that further amendment "would be futile because this 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."
The ruling does not end the separate federal investigation. At the Oct. 30 news conference, U.S. Attorney Michael Heyman said, "Anyone who tries to illegally deceive voters and interfere with the election will answer for it." Sen. Tim Scott, R-S.C., who chairs the National Republican Senatorial Committee, told Fox News on Saturday that recruiting a candidate to confuse voters "is a criminal offense." Peltola's campaign told Fox News Digital it "has no involvement with either Sullivan campaign." No one has been charged. As of Sunday afternoon, the Justice Department had not said publicly whether it will appeal.
Sources: Order Dismissing Action and Judgment, United States v. State of Alaska, No. 3:26-cv-00376-SLG (D. Alaska Nov. 1, 2026), Dockets 79 and 80: https://www.courtlistener.com/docket/75009254/united-states-v-state-of-alaska/ ; U.S. Department of Justice on X, U.S. Attorney Michael Heyman (Oct. 30, 2026): https://x.com/TheJusticeDept/status/2116266370522304847 ; Washington Examiner: https://www.washingtonexaminer.com/news/justice/4787398/judge-doj-delay-alaska-senate-dan-sullivan-lawsuit/ ; Fox News, Sen. Tim Scott and the Peltola campaign: https://www.foxnews.com/media/tim-scott-declares-alleged-decoy-dan-plot-criminal-offense-doj-investigation-rocks-alaska . Cover image: frame from the Justice Department's news conference video (U.S. government work).
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