Federal Judge Set to Decide on Alaska Senate Lawsuit Before Election Day

A federal judge in Anchorage is expected to rule on motions to dismiss a Department of Justice lawsuit as early as Saturday, October 31. The Justice Department filed the suit to prevent the certification of the upcoming U.S. Senate election result if the incumbent, Republican Senator Dan Sullivan, loses by a narrow margin.

The legal action follows a report by The New York Times that Democratic operatives recruited a third-party candidate to enter the race. The DOJ has added these allegations to its existing lawsuit. The department has also launched a separate criminal investigation, though it has not yet specified which crimes it is examining.

The Alaska Division of Elections is among the parties asking the judge to toss the suit. Governor Mike Dunleavy has ordered a different state agency to determine if the recruitment operation broke any state laws. Several legal experts told Alaska Public Media that they did not find legal violations based on the Times report. Under Alaska law, they noted, a candidate's motives do not influence eligibility. One law professor described the DOJ case as a press release dressed up as a lawsuit, predicting it would not hold up in court.

Democratic candidate Mary Peltola addressed the allegations in a speech at a bar in Juneau on Thursday evening. She said she knew nothing about other candidates on the ballot aside from herself and the incumbent. Peltola stated, "I am not interested in tricking voters." She continues to campaign across the state this weekend.

Senator Dan Sullivan accused Peltola of lying and cheating on Fox News. A spokesman for the Republican National Committee argued that this case differs from standard third-party runs because the candidate shares the surname of the incumbent. The committee said the goal was to confuse voters with a similar name.

The controversy has prompted a reaction from voters in the tight race. Many supporters of Peltola told Alaska Public Media that they dislike the political maneuvering but intend to vote for her. Some described the Republican response as hypocritical, noting that Republican-aligned groups have frequently promoted third-party candidates in the past.

Amber McClelland, a Democrat in Anchorage, said recruiting a candidate solely to draw votes away from an opponent should not happen. She added, "It's kind of messed up, but in the past, Republicans have done everything that they can do to win, including cheat."

Historical examples support the claim that Republicans have used similar tactics. A Republican-aligned group spent money this year to help a Green Party candidate from Arizona get on the Alaska ballot, though he did not survive the top four primary. Two years ago, the Republican Party defended the right of Eric Hafner, a federal prison inmate in New York, to run for the U.S. House seat held by Peltola. This year, a Republican-affiliated super PAC attempted to place Hafner's mother on the Senate ballot as a Democratic third-party candidate, but she also lost in the primary.

President Donald Trump flew to Alaska to campaign for Sullivan in the final days of the race. The election will determine control of the U.S. Senate in the coming session.