A federal judge on Sunday, November 1, 2026, dismissed the Trump administration's attempt to delay Alaska's Senate election results if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola, ruling that the Justice Department had no workable way to investigate allegedly confused voters without compromising ballot secrecy. Federal prosecutors appealed the decision hours later, two days before the midterm elections.
U.S. District Judge Sharon Gleason found that the government lacked legal standing to pursue the lawsuit, which sought to separate ballots cast for a retired teacher also named Dan Sullivan. The judge warned that ordering an investigation after early voting had begun could confuse voters and discourage participation.
The dispute involves Daniel J. Sullivan Jr., a retired teacher from Petersburg, Alaska, who is running as an independent candidate against the Republican senator and Peltola. Federal prosecutors allege that Sullivan Jr. entered the race to confuse voters and divert support from the incumbent, potentially benefiting his Democratic opponent.
The Justice Department filed its lawsuit on October 22, seeking to delay certification if the senator lost by a margin smaller than the number of votes cast for Sullivan Jr. Prosecutors wanted officials to set aside those ballots while investigators examined whether voters had intended to support the incumbent.
Gleason rejected that proposal, finding that prosecutors had failed to explain how officials could determine voters' intentions while protecting the secrecy of their ballots. Her ruling cited Supreme Court guidance cautioning federal judges against changing election procedures shortly before an election, particularly after voting has begun. Alaska opened early voting on October 19.
The judge dismissed the lawsuit without prejudice and denied prosecutors another opportunity to amend their complaint. Her decision rested on the government's failure to demonstrate that the requested court order could remedy its alleged injury, a requirement for establishing standing in federal court.
The dispute began months earlier when Alaska election officials disqualified Sullivan Jr., concluding that his candidacy was intended to confuse voters. State courts reversed that decision, and the Alaska Supreme Court upheld his reinstatement in June, allowing him to compete in the general election.
Sullivan Jr. received approximately 2.5% of the vote in Alaska's primary, qualifying for the November ballot. Under the state's ranked-choice voting system, voters can list candidates in order of preference, allowing votes for an eliminated candidate to transfer to the next eligible choice. Federal prosecutors argued that confusion between the two Sullivans could affect those rankings and change the election's outcome.
Alaska's official ballot identifies the Republican incumbent as "Sullivan, Dan S." and the independent candidate as "Sullivan, Daniel J. Jr."
President Donald Trump and Sen. Sullivan have accused Democrats of orchestrating the retired teacher's candidacy to split Republican support. Peltola has denied involvement in recruiting Sullivan Jr., who maintains that his campaign is legitimate.
Federal criminal investigators are separately examining allegations surrounding Sullivan Jr.'s entry into the race, including reported efforts to recruit candidates with names resembling Republican incumbents. Prosecutors have issued subpoenas in connection with the inquiry, although no criminal charges have been announced. Alaska Gov. Mike Dunleavy has also ordered a state investigation.
The Justice Department has appealed Gleason's dismissal to the U.S. Court of Appeals for the Ninth Circuit, leaving the federal challenge unresolved as Alaskans prepare to vote November 3.
