Judge Rejects DOJ’s Bid to Delay Alaska Senate Certification Amid ‘Decoy Dan’ Dispute

The Department of Justice (DOJ) requested a federal judge to halt the certification of Democrat Mary Peltola if she wins an Alaska Senate race. This request comes amidst controversy involving candidate confusion. However, on Sunday, a federal judge denied the DOJ’s lawsuit, which aimed to delay certification due to the “Decoy Dan” controversy. The judge dismissed the case two days before the midterm elections, and the DOJ plans to appeal this decision.

The lawsuit revolved around candidates named Republican Senator Dan S. Sullivan and his challenger, Daniel J. Sullivan Jr. The DOJ sought to prevent certification while investigating whether voter confusion might have affected the election outcome. The DOJ lawsuit claimed Sullivan Jr. was recruited to confuse voters, an assertion he has denied.

U.S. District Judge Sharon Gleason concluded that the government failed to show how the investigation could reveal voter intent without breaching ballot confidentiality. She stated that such actions could interfere with Alaska’s election management responsibilities.

The case now heads to the 9th U.S. Circuit Court of Appeals, with the DOJ arguing that the dismissal was on procedural grounds and did not address its allegations. Meanwhile, the Trump administration pursues a criminal inquiry into Sullivan Jr.’s candidacy.

Sen. Sullivan expressed his willingness to accept the election results, while Alaska Governor Mike Dunleavy indicated he might not certify a Peltola win due to the dispute. The race’s outcome could influence Senate control because Alaska uses ranked-choice voting. In this system, if no candidate secures a majority in the first round, the candidate with the least votes is eliminated, and subsequent voter choices are counted.