D. ALASKACourt order
Alaska federal judge dismisses DOJ suit seeking to delay Senate race certification
U.S. District Judge Sharon Gleason in Anchorage on November 1 dismissed the Justice Department's lawsuit seeking to block certification of Alaska's U.S. Senate race if Republican Sen. Dan Sullivan loses, citing a second candidate named Dan Sullivan. She held the United States lacked standing, said segregating ballots would undermine secrecy and confuse voters, and denied leave to amend. DOJ filed notice it will appeal.
Order (CNN) → · CNBC, Anchorage Daily News
Key points
- DOJ sought to segregate ballots cast for Daniel J. Sullivan and investigate those voters' intent.CNBCAnchorage Daily News
- Gleason said the U.S. offered no workable plan to do so while preserving ballot secrecy.CNBC
- She cited the Purcell principle against late changes to election rules.CNBCAnchorage Daily News
- Time, place and manner of elections belong to the state, not the federal executive, she wrote.CNBC
- She found further amendment futile; the complaint had added a Supremacy Clause claim to a National Voter Registration Act claim.CNBC
- The ruling came two days before Election Day; DOJ said it will appeal to the Ninth Circuit.CNNCNBCAnchorage Daily News