Alaska judge speeds up DOJ election suit as Peltola seeks dismissal

U.S. District Judge Sharon Gleason ordered the Department of Justice to respond to several motions by 5 p.m. Alaska Time on Tuesday. The judge fast-tracked the case following a request from the campaign of Democratic nominee Mary Peltola and the Democratic Senatorial Campaign Committee.

Gleason said she intends to rule on motions to intervene by late Wednesday. The League of Women Voters, Common Cause, and Peltola’s campaign filed those motions. If granted, the DOJ will have until 5 p.m. Thursday to answer a motion to dismiss the lawsuit.

Alaska election officials filed a separate motion shortly after the judge’s order. They asked the court to dismiss the case immediately with prejudice. The state argued the complaint has no legal basis because the Division of Elections took steps to distinguish the two candidates with similar names on the ballot.

The state motion seeks a decision by Nov. 2. Lawyers for the officials stated the United States lacks authority to intervene in state elections to support a favored candidate. They argued the lawsuit casts a cloud over the election that is contrary to the public interest.

The DOJ filed its suit on Thursday after President Donald Trump said he ordered it. The department asks a judge to bar Alaska from certifying results if Sen. Dan Sullivan loses by a margin attributable to voter confusion. The suit claims Daniel J. Sullivan’s sole purpose is to benefit the Peltola campaign by reducing votes for the incumbent.

Attorney General Todd Blanche said in a social media post that the department is not seeking to stop ballots from being cast or certification. He stated the litigation aims to preserve ballots so officials can determine if voters were confused. The department noted the lawsuit was written by attorneys and did not coordinate with any campaign.

Peltola’s campaign filed a motion Sunday expressing concern that the suit lays groundwork to challenge a potential victory. Campaign lawyers said the DOJ filed the suit less than two weeks before the election despite state courts resolving the issue. Peltola told MS NOW on Friday that the suit is a desperate attempt to cling to power.

Daniel J. Sullivan said in an email to the Alaska Beacon that the experience has been overwhelming and intimidating. He called the DOJ lawsuit a gross misuse of the department for a situation resolved by the Alaska Supreme Court. Sullivan expressed faith in Alaskan voters’ ability to make an informed decision.

The race could determine which party holds a majority in the Senate starting in January. Peltola’s campaign announced on Sunday that she and her family sustained minor injuries in a vehicle accident. The campaign posted events in Fairbanks and Bethel on Sunday and Monday but said they would be rescheduled.