Alaska Senate Race Faces Dual Challenges

Alaska’s Senate race is unfolding on two fronts. The slow ballot count might extend to November 18, while legal battles continue in federal court. As of the latest count, Democrat Mary Peltola is ahead of Republican Senator Dan Sullivan by 637 votes. Another contestant, Daniel J. Sullivan Jr., a retired teacher sharing the senator’s name, attracted 3,600 votes. This situation is at the heart of a legal dispute by the Justice Department, as Sullivan’s deficit is smaller than the votes received by his namesake.

Legal Proceedings

A lawsuit seeking to address this confusion was dismissed by a judge two days before Election Day. The Justice Department quickly appealed. Although the vote counts are subject to change, they maintain the court battle’s significance.

Justice Department’s Actions

The lawsuit, reportedly ordered by President Donald Trump, sought to delay certification for an investigation into potential voter confusion over the two Sullivan names.

State Officials’ Opposition

Alaska’s election officials, notably opposing the federal lawsuit, argued that the ballot adequately differentiated between the two Sullivan candidates. The Division of Elections had previously attempted to exclude the namesake from the ballot during the summer. State lawyers claimed setting ballots aside violated constitutional ballot secrecy and wouldn’t clarify voter intentions.

Peltola’s campaign, along with the Democratic Senatorial Campaign Committee, Common Cause, the League of Women Voters of Alaska, and two voters represented by the ACLU, supported the state’s position. Newsweek sought comments from Peltola’s campaign on the ruling and appeal but received no response before publication.

Judge’s Decision

U.S. District Judge Sharon Gleason ruled that the government lacked the standing to request ballot review, as it would expose voter choices. She highlighted that setting aside ballots for inspection was beyond the court’s authority or intention.

Appeal Status

The Justice Department claims Judge Gleason ruled on procedural terms without contesting the notion that the namesake acted as a decoy. Newsweek contacted the department to see if they plan an expedited appeal or any action affecting certification but had not received a reply before publication. Any developments on this front are expected weeks after certification.

Ongoing Investigations

Federal prosecutors have begun criminal investigations, issuing grand jury subpoenas. Governor Mike Dunleavy has initiated a state inquiry. The New York Times reported accusations from Peltola’s former campaign manager against a Democrat operative who allegedly helped recruit the namesake. These allegations were later retracted. Peltola’s campaign and the DSCC deny involvement.

Future Implications

The final vote count will determine the lawsuit’s impact. Should Sullivan gain in the ranked-choice count or Peltola win decisively, the legal challenge diminishes. A narrow win by Peltola could escalate the appeal and investigation. Sullivan indicated on CNN he would respect the results if defeated. Newsweek contacted his campaign for his stance on the appeal and his commitment to accepting results, but no response was received before publication.

Figures mentioned are based on unofficial results as of a 5:11 p.m. ET Wednesday update. They are subject to change.

Newsweek’s article was crafted with input from Martyn, an AI assistant. For further inquiries, reach out to Newsweek editors Steven Frank and Edward T. Cummins.