Alaska Senate Suit Faces Emergency Bid for Dismissal

With Alaska early voting underway, a Democratic campaign group and the Democratic Senatorial Campaign Committee are asking a federal judge to speed up a bid to dismiss a lawsuit that could delay certification of the state’s U.S. Senate race. They want a ruling this week, before the Nov. 3 election.

The Justice Department filed suit Oct. 22, arguing that two candidates named Sullivan on the ballot could confuse voters. It asks the court to block certification if incumbent Dan S. Sullivan loses and transferring votes cast for Daniel J. Sullivan to the incumbent would have changed the ranked-choice result. DOJ says the National Voter Registration Act gives it authority to protect election integrity.

In filings submitted Sunday, Oct. 25, Alaskans for Mary and the Senate committee asked to join the case and seek dismissal. They argue the voter-registration law does not authorize DOJ to intervene in candidate listings or election certification, and that the complaint offers no evidence of actual confusion. They also say the requested post-election inquiry into voters’ intent could threaten ballot secrecy. Those are the groups’ arguments; no judge has ruled on them.

The dispute follows months of state proceedings. Alaska’s Supreme Court ruled in June that Daniel J. Sullivan could appear on the ballot. The state distinguishes the candidates with middle initials and party information, and labels the incumbent “Incumbent.” Daniel J. Sullivan received 2.5% in the August primary. Early voting began Oct. 19, according to the dismissal filing.

President Donald Trump said he directed DOJ to bring the case. Attorney General Todd Blanche defended it Sunday as a safeguard, saying the department wants a way to assess possible confusion. The fast-track request asks DOJ and state officials to respond by Oct. 27, with replies due Oct. 28, and seeks a decision this week. The case could affect when Alaska certifies a race that may help determine control of the Senate.