Judge voids Trump administration's bid to halt Alaska Senate count

U.S. District Judge Sharon Gleason issued a ruling on Sunday that dismissed the federal government's effort to block the certification of the Alaska Senate race. The Justice Department had sought an order to pause the official counting process pending an investigation into voter confusion. Gleason, a nominee of former President Barack Obama, determined the suit failed on procedural grounds.

The lawsuit relied on the preamble of the National Voter Registration Act to justify its presence in federal court. The administration argued that state officials should not certify results until an inquiry could determine whether voters were misled by two candidates with similar names on the ranked-choice ballot. Gleason found that the federal government did not possess the ability to bring this specific action.

Central to the decision was the protection of the secret ballot. Gleason concluded that a court order freezing the certification process would likely violate Alaskan voters' constitutional right to secrecy. She noted a lack of clarity in the government's proposal regarding how it could fix the alleged injury while keeping the ballot private.

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 in the opinion. The ruling clears the immediate federal legal hurdle that threatened to delay the final tally of the contest.

Kiersten Pels, a spokesperson for the Justice Department, confirmed that the department intends to appeal the decision. In a statement, Pels asserted that Alaskan voters deserve a fair election and should not be misled in an attempt to rig outcomes. The federal office plans to challenge the standing finding in a higher court.

Voting rights advocates celebrated the dismissal. Sophia Lin Lakin, director of the American Civil Liberties Union's Voting Rights Project, described the Justice Department's move as lawless from the start. She characterized the lawsuit as a reckless waste of taxpayer money designed to silence hundreds of thousands of voters before a single ballot was counted.

President Trump said he ordered the suit because of the presence of two candidates with nearly identical names on the ballot. Sen. Dan Sullivan, the Republican incumbent, faces Daniel Sullivan Jr., an independent candidate. Alaska's Republican Party had previously tried to remove Sullivan Jr. in state court, but the Alaska Supreme Court ruled in June that he has the right to run.

Republican officials have long alleged that Democrats supported Sullivan Jr. to spoil the incumbent's chances. A report from The New York Times regarding Democratic efforts to recruit Sullivan Jr. recently drew new attention to those claims, though NPR has not independently confirmed the details. Alaska Gov. Mike Dunleavy has ordered a separate investigation into the matter.

Dunleavy indicated during an interview with NewsNation on Oct. 30 that the state may stop or change certification if the investigation finds wrongdoing. U.S. Attorney Michael Heyman announced at a press conference in Anchorage on the same day that an ongoing criminal probe exists within the Justice Department. The Democratic candidate, former Rep. Mary Peltola, has denied any involvement in the recruitment of the independent candidate.

In a Sunday interview with CNN's State of the Union, incumbent Sen. Sullivan stated he would accept the election results regardless of the outcome. The controversy has not stalled voter participation in the state. More than 86,700 Alaskans have cast ballots during early voting, according to the latest figures from the state Division of Elections. Voting continues through Tuesday's Election Day.