A federal judge on Sunday dismissed a Justice Department lawsuit seeking to delay certification of the Alaska Senate election due to potential voter confusion caused by two candidates named Dan Sullivan on the ballot.
According to CNBC, U.S. District Judge Sharon Gleason said the “federal government had failed to establish that it had legal standing to file the civil complaint.”
#BREAKING: Judge tosses DOJ’s lawsuit over Alaska Senate race https://t.co/XhKDfUu3AU
— The Hill (@thehill) November 1, 2026
CNBC explained further:
The ruling came two days before Election Day, and two days after the U.S. Attorney for Alaska said there were ongoing criminal and civil investigations into the non-incumbent Dan J. Sullivan’s decision to run for the Senate.
The ruling is a victory for the campaign of Democratic nominee Mary Peltola, who, along with state election officials and others, had asked Judge Sharon Gleason to dismiss the DOJ’s lawsuit in U.S. District Court in Anchorage.
The Department of Justice quickly filed a notice that it will appeal the decision to the 9th Circuit U.S. Court of Appeals.
ADVERTISEMENTPeltola is locked in a tight contest with Sen. Dan Sullivan in the election, whose winner will be determined by a ranked-choice system. The outcome could determine which party has a majority of the Senate, where Republicans currently hold a narrow majority.
Trump previously said that Peltola should be criminally prosecuted for the alleged scheme to recruit spoiler, same-name candidates to dilute votes from incumbent Sen. Dan Sullivan.
“They created a fake candidate. They took a candidate named Dan Sullivan to run against another candidate, who’s a great senator named Dan Sullivan, in order to cheat in the election,” Trump explained.
“Mary Peltola should resign from the race. I think she should be prosecuted criminally for what she did. And I think that the people that participated with her should,” he continued.
Alaska Gov. Mike Dunleavy announced Thursday that he’s ordering an investigation into Peltola’s Senate campaign following a New York Times report about the alleged scheme.
“Today’s New York Times reporting reveals disturbing new evidence of an organized effort to manipulate Alaska’s elections by recruiting candidates—including one with the same name as an incumbent U.S. Senator—to deliberately confuse voters and misdirect their votes. The Alaska Division of Elections investigated these very concerns in June of this year. The new reporting substantially supports the Division’s findings,” Dunleavy said.
“I am therefore directing the Department of Public Safety to investigate whether this scheme violated Alaska’s laws and whether criminal charges or civil action are warranted. The evidence will determine what happens next,” he continued.
“Alaskans have a fundamental right to vote for the candidate they actually intend to support. Deliberately tricking voters into casting their ballots for someone else strikes at the integrity of our elections. Anyone or any organization found to have broken the law must be held accountable,” he added.
Today’s New York Times reporting reveals disturbing new evidence of an organized effort to manipulate Alaska’s elections by recruiting candidates—including one with the same name as an incumbent U.S. Senator—to deliberately confuse voters and misdirect their votes. The Alaska…
— Governor Mike Dunleavy (@GovDunleavy) October 29, 2026
The Hill has more:
The Alaska Supreme Court has signed off on the new Dan Sullivan’s candidacy, but the Justice Department launched a federal lawsuit last month. The suit asked Gleason to segregate ballots cast for him and block certification of any result impacted by voter confusion until she can conduct an investigation.
ADVERTISEMENTThe administration plans to appeal, a Justice Department spokesperson said, calling the situation “an attempt to rig outcomes.” The case next heads to the U.S. Court of Appeals for the 9th Circuit.
“The court dismissed the case on procedural grounds but did not dispute the argument of the United States that Daniel J. Sullivan (a/k/a Decoy Dan) entered the race as a frivolous candidate to confuse voters,” the Justice Department spokesperson said.
The Trump administration has accused Democrats of misleading the judge after a New York Times report emerged that operatives aligned with Peltola had recruited the second Dan Sullivan. Investigations have been launched, but Peltola has denied any personal knowledge of the plan.
Gleason, an appointee of former President Obama who serves on the federal bench in Anchorage, didn’t address the story in her 20-page opinion. Still, she sided with Democrats, Peltola’s campaign and Alaska’s GOP-led government, which all urged her to immediately toss the case.
“Clearly, if this Court were to order that certain ballots will be segregated and subject to a future and as yet unspecified investigation by law enforcement, it would likely result in voter ‘confusion and consequent incentive to remain away from the polls,’” Gleason wrote. “Such late-breaking changes to the election rules are strongly disfavored.”
