U.S. District Judge Sharon L. Gleason dismissed DOJ’s bid to block certification if Republican Sen. Dan Sullivan loses, citing the lack of a workable plan for ballot separation and investigation, CBS News reported Sunday.
DOJ argued that a teacher named Daniel J. Sullivan appeared on the ballot under a name and party label matching the incumbent’s. The department said voters could confuse the two candidates, potentially shifting votes away from the senator and helping Democratic candidate Mary Peltola.
CBS News reported that Gleason’s order found DOJ had not shown that a court order could address the harm it alleged, a requirement for standing under Article III. Gleason also said the filing left unanswered how officials would isolate ballots cast for Daniel J. Sullivan, investigate them and keep voters’ choices private.
The department had also sought to retain and separate ballots it said could have been affected by confusion, as detailed in an earlier EconoTimes report on the lawsuit.
CBS News separately reported that DOJ is conducting a criminal investigation into an alleged effort to recruit Daniel J. Sullivan to the ballot and has issued subpoenas to several Democratic officials believed to be connected to it. No one in the race has been charged. The Senate election is scheduled for Tuesday, Nov. 3.
