Republican U.S. Senator Dan Sullivan and Democratic U.S. Senate candidate Mary Peltola participate in a debate in Anchorage, Alaska, October 15, 2026.
Kerry Tasker | Reuters
A federal judge on Sunday dismissed a Justice Department lawsuit seeking to delay the certification of Alaska’s Senate election due to possible voter confusion caused by the presence of two candidates named Dan Sullivan on the ballot, one of whom is the Republican incumbent.
The decision came two days before Election Day and two days after the U.S. attorney for Alaska said criminal and civil investigations were underway into non-incumbent Dan J. Sullivan’s decision to run for Senate.
The ruling is a victory for the campaign of Democratic candidate Mary Peltola, who, alongside state election officials and others, had asked Judge Sharon Gleason to dismiss the DOJ’s lawsuit in U.S. District Court in Anchorage.
The Justice Department quickly filed a notice saying it would appeal the decision to the U.S. Court of Appeals for the 9th Circuit.
Peltola is locked in a tight fight with Sen. Dan Sullivan in the election, the winner of which will be determined by a ranked-choice system. The outcome could determine which party will have the majority in the Senate, where Republicans currently hold a slim majority.
Peltola’s campaign was accused of soliciting a retired professor named Dan Sullivan to run for Senate against incumbent Senator Dan S. Sullivan and Peltola.
His campaign has denied the claims.
“No sham investigation or baseless prosecution from a strong-armed Justice Department will stop Alaskans from electing Mary on November 3 so she can lower costs for Alaska’s working families,” Peltola’s campaign said in a statement Sunday.
“Alaskans will choose their next U.S. senator – not Dan Sullivan or his Washington allies,” the campaign says.
Gleason, in his 20-page ruling, said the federal government failed to establish that it had the legal authority to file a civil suit to delay certification of the election if Sen. Sullivan lost.
The DOJ, in this case, had wanted an investigation into voter intent and possible confusion related to the presence of two Dan Sullivans on the ballot.
“The absence of any explanation from the United States as to how the relief sought could redress its alleged harm while maintaining the secrecy of the vote is telling,” Gleason said in his ruling.
This October 29, 2026 photo shows a sample ballot in Anchorage, Alaska.
Eloise Brethes | AFP | Getty Images
The judge also noted that the DOJ had asserted that it was not seeking to change the “time, place, or manner of elections in Alaska.”
But at the same time, Gleason said, the DOJ was asking him for an order “preventing the state from
to certify the election if certain circumstances arise; a court order requiring the state to segregate and preserve certain ballots; and a court order authorizing the United States to conduct an investigation into the intentions of voters who voted for Daniel J. Sullivan.
“These requests certainly concern the time, place and manner of elections in Alaska, which are the responsibility of the state and not the executive branch of the federal government,” Gleason said.
The judge said she would not allow the DOJ to amend the lawsuit, which had already been amended last week to add a new lawsuit and details about a New York Times article about the second Sullivan’s alleged recruitment.
“The Court finds that an additional amendment would be unnecessary because it does not have the authority to order that certain ballots cast by Alaskans be segregated so that federal law enforcement officials can conduct an unspecified investigation of the voters who cast them,” Gleason said.
Dan J. Sullivan, a candidate in Alaska’s U.S. Senate race who shares his name with the incumbent seeking re-election, speaks with a reporter in Petersburg, Alaska, July 3, 2026.
Becky Bohrer | P.A.
A DOJ spokesperson said in a statement: “The court dismissed the case on procedural grounds, but did not dispute the United States’ argument that Daniel J. Sullivan (aka Decoy Dan) entered the race as a frivolous candidate to confuse voters. »
“The DOJ plans to file a notice of appeal,” the spokesperson said. “Alaska voters deserve fair elections and should not be misled by an attempt to rig the results.”
CNBC has requested comment from the White House.
President Donald Trump said he ordered the lawsuit, which was filed on October 23.
Trump argued that Peltola and other Democrats recruited the former school teacher to run in hopes of confusing voters who wanted to vote for Sen. Sullivan.
The New York Times reported Wednesday that Peltola’s campaign aides and those at the DSCC had been involved in efforts to recruit the retiree for the race.
Peltola’s campaign and the Democratic Senatorial Campaign Committee have denied any involvement in his campaign.
DSCC Executive Director Devan Barber said in a statement Sunday: “Today’s decision is a victory for democracy and a clear message to Donald Trump and Senate Republicans: No one, no matter how powerful, can reject a free and fair election simply because they don’t like the outcome.” »
“We will never stop fighting back against the shameful and brazen efforts of the Trump administration and its strong-armed Justice Department to overturn Alaska’s U.S. Senate race, or any other election as voters reject Republicans at the polls across the country – and we are confident that Alaska voters will elect Mary Peltola to the Senate,” Barber said.
Sen. Sullivan, in a CNN interview before Gleason made his ruling, said he would accept the results of the election if he lost.
But he also lambasted Peltola’s campaign and the DSCC.
“They recognized that they couldn’t boast about their record and so they had to cheat,” Sullivan said. “I think a lot of Alaskans, even Democrats, think she’s not fit for office; she continually lies to the people of Alaska, and I guarantee you she’s lying right now.”
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