Judge tosses Trump administration bid to set aside Alaska Senate ballots

A federal judge in Alaska dismissed the Justice Department's lawsuit seeking to segregate ballots cast for a second candidate named Dan Sullivan, saying it would violate the right to a secret ballot. The department quickly appealed.

A federal judge in Alaska on Sunday dismissed the Trump administration's lawsuit seeking to separate and preserve certain ballots in the state's U.S. Senate race, where Republican Sen. Dan Sullivan faces Democrat Mary Peltola in Tuesday's election.

The administration had targeted ballots cast for Dan J. Sullivan, a candidate who shares the incumbent's name. The New York Times reported last week that Peltola's campaign and other Democrats recruited him to run. Citing possible voter confusion, the Justice Department argued that if the senator loses, it could be because voters picked the other Sullivan by mistake. The suit also sought to block certification of the result if Sen. Sullivan loses.

Republican Sen. Dan Sullivan of Alaska (file photo)

U.S. District Judge Sharon Gleason said the government never explained how its request could be squared with ballot secrecy. "Requiring the segregation of ballots cast by voters for Daniel J. Sullivan so that these voters can be further investigated by law enforcement is not a remedy that this Court can or should order as it clearly violate Alaskans' right to a secret ballot," she wrote. Alaska's Republican-led state government had urged the court on Saturday to reject the effort.

A Peltola campaign spokesperson called the case a "baseless lawsuit from a weaponized Department of Justice." The Justice Department appealed shortly after the ruling, saying the court dismissed the case on procedural grounds.

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