Two days before a midterm election, a federal judge in Alaska set aside a Justice Department effort to hold up the certification of a Senate race, finding that the government had not explained how it could learn what voters truly meant without breaking the secrecy that protects every ballot. The episode grows from an old human confusion: two men sharing nearly the same name, one a sitting senator and the other a challenger whose entry looks designed to blur the choice in front of voters. The Justice Department has said it will appeal, and the larger question is no longer only who won, but whet
DOJ Vows Appeal After Judge Dismisses Bid to Delay Alaska Senate Certification Over 'Decoy Dan'
Two candidates, nearly one name, and a Senate majority possibly in the balance
Mark
Why did a judge's ruling two days before the election get so much attention?
Mimi
Because the DOJ wanted certification delayed, which would have affected how the result is finalized. Judge Gleason dismissed the suit, and the department says it will appeal to the 9th Circuit.
Luke
Worth noting what she actually said: the government hadn't shown how an investigation could find voter intent without breaking ballot secrecy.
Mark
And the DOJ disagrees with how she got there?
Mimi
It says she ruled on procedural grounds and never addressed its claim that Sullivan Jr. ran to confuse voters.
Luke
That claim is the department's argument. The ruling, as reported, doesn't say whether it's true.
Mark
What about the report tying Peltola's people to his candidacy?
Mimi
The New York Times reported that people connected to her campaign helped recruit him. She denies involvement, and so does he.
Luke
So it's a report with two denials. Nothing here confirms coordination.
Mark
Where does Governor Dunleavy fit in?
Mimi
He has suggested he may not certify a Peltola victory, and Sullivan wouldn't say whether he'd back that.
Luke
Suggested, not decided. And we don't yet know who wins, or how ranked-choice rounds would play out.
El Pulso
- A federal judge threw out the Justice Department's bid to delay Alaska's Senate certification, and the government has vowed an appeal to the 9th Circuit.
- Two candidates with nearly identical names, Sen. Dan S. Sullivan and Daniel J. Sullivan Jr., have turned the ballot into a confusion-fueled fight.
- Reports of Peltola-linked recruitment of the challenger, which both sides deny, plus a criminal probe, have raised the political heat days before the vote.
- Gov. Dunleavy's hints about refusing to certify a Peltola win could turn a legal skirmish into a contested outcome if the appeal and the count keep the race unsettled.
Two days before a midterm election, a federal judge in Alaska set aside a Justice Department effort to hold up the certification of a Senate race, finding that the government had not explained how it could learn what voters truly meant without breaking the secrecy that protects every ballot. The episode grows from an old human confusion: two men sharing nearly the same name, one a sitting senator and the other a challenger whose entry looks designed to blur the choice in front of voters. The Justice Department has said it will appeal, and the larger question is no longer only who won, but whether a state's authority to certify its own elections will hold steady under pressure.
On Sunday, two days before the midterm elections, a federal judge in Alaska dismissed a Justice Department lawsuit that sought to delay certification of the state's Senate race. The department said at once that it would appeal.
The case grew from what has been nicknamed the "Decoy Dan" controversy. Two men on the ballot share nearly identical names: Republican Sen. Dan S. Sullivan, the incumbent, and challenger Daniel J. Sullivan Jr. The DOJ wanted time to investigate whether voter confusion between them might have changed the outcome.
Judge Sharon Gleason was not persuaded. The government, she said, had not shown how such an investigation could reveal what voters intended while protecting ballot secrecy, and the relief it sought would intrude on Alaska's duty to run its own elections. The department counters that she never reached its central claim, that Sullivan Jr. entered the race to confuse voters.
The dispute has unsettled the campaign. The New York Times reported that people tied to Democratic nominee Mary Peltola's campaign helped recruit Sullivan Jr., a charge Peltola denies and Sullivan Jr. says he did not coordinate on. A criminal investigation into his candidacy is also under way. Sen. Sullivan said he would accept Tuesday's results, accusing his challenger of trying to muddy the vote.
Certification is not yet settled. Gov. Mike Dunleavy has suggested he may not certify a Peltola victory, and Sullivan declined to say whether he would back such a refusal. The race matters beyond Alaska, since it could help decide Senate control, and ranked-choice rounds could stretch the count.
What comes next is the 9th Circuit appeal, and whether Dunleavy's hints become action.
On Sunday, two days before the midterm elections, a federal judge in Alaska threw out a Justice Department lawsuit that aimed to delay certification of the state's Senate race. The department said right away that it would appeal.
The case grew out of what has been nicknamed the "Decoy Dan" controversy. Two candidates on the ballot have nearly identical names: Republican Sen. Dan S. Sullivan, the incumbent, and challenger Daniel J. Sullivan Jr. The DOJ asked the court to delay or block certification while it investigated whether voter confusion between the two men might have affected the outcome.
U.S. District Judge Sharon Gleason was not persuaded. She said the government had not shown how the investigation it wanted could determine what voters actually intended while still protecting the secrecy of the ballot. She also found that the relief the department sought would intrude on Alaska's responsibility to run its own elections.
The Justice Department's response was that the judge had disposed of the case on procedural grounds. In its telling, she never addressed its central claim: that Sullivan Jr. entered the race in order to confuse voters. The appeal will go to the 9th U.S. Circuit Court of Appeals.
The dispute has shaken the campaign in recent days. The New York Times reported that people connected to the campaign of Democratic nominee Mary Peltola helped recruit Sullivan Jr. to run as a spoiler. Peltola has denied any involvement, and Sullivan Jr. has said he did not coordinate with her campaign. The Trump administration is also pursuing a criminal investigation into his candidacy.
Sen. Sullivan said Sunday that he would accept the results of Tuesday's election, even with that investigation under way. He accused his challenger of trying to confuse voters.
The question of certification is not settled, though. Alaska Gov. Mike Dunleavy, a Republican, has suggested he may not certify a Peltola victory. Asked whether he would support efforts to refuse certification, Sullivan declined to say.
The stakes reach beyond Alaska. The race is closely watched because it could help decide which party controls the Senate. Alaska uses ranked-choice voting: if no candidate wins a majority in the first count, the last-place finisher is eliminated and those voters' next choices are counted in successive rounds.
What to watch now is the 9th Circuit appeal and whether Dunleavy's hints about withholding certification turn into action if Peltola wins.
Citas Notables
Sullivan said he would accept Tuesday's results and accused his challenger of trying to confuse voters.— Sen. Dan S. Sullivan
Peltola denied involvement in recruiting Sullivan Jr.; he denied coordinating with her campaign.— Mary Peltola and Daniel J. Sullivan Jr.
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