Breaking: Judge tosses DOJ suit over Alaska Senate ballots; DOJ to appeal

A federal judge in Alaska on Sunday, Nov. 1, 2026, dismissed the Justice Department's lawsuit that sought to separate and preserve certain ballots in the state's U.S. Senate race, where Republican Sen. Dan Sullivan faces Democrat Mary Peltola, NBC News reported. The suit also sought to block certification of the race if the GOP incumbent loses, according to The Associated Press.

U.S. District Judge Sharon L. Gleason ruled in a 20-page order that the Justice Department lacked proper legal standing to bring the case, CBS News reported. A Justice Department spokesperson said the department plans to file a notice of appeal, according to NBC News.

What did the Justice Department want?

The department's case, filed Oct. 22, asked for an order requiring the state to preserve and segregate ballots marked for the challenger Sullivan pending an investigation into whether those voters were confused, Alaska Public Media reported. President Donald Trump said he ordered the lawsuit, the outlet reported.

The suit argued that the challenger's candidacy violated the National Voter Registration Act, and it was amended Thursday to cite New York Times reporting on alleged efforts by people tied to Peltola's campaign to recruit candidates who could draw votes from the senator, according to CBS News. Peltola's campaign has said it had no involvement with either Sullivan campaign, CBS News reported. For background, see NewsCubby's explainer on Alaska's two Dan Sullivans.

What did the judge say?

Gleason wrote that the U.S. "provides no workable plan" to segregate ballots cast for Daniel J. Sullivan on Election Day and then investigate them while preserving voter secrecy, CBS News and The Associated Press reported. She also called the requested relief "infeasible" because many voters have already cast their ballots, according to the AP.

Gleason wrote that ordering ballots segregated so voters could be investigated by law enforcement would violate Alaskans' right to a secret ballot, NBC News reported. She also wrote that the attempt to block certification ran counter to the Constitution's grant of election authority to states, and she cited the Supreme Court's Purcell principle against federal courts changing election rules close to an election, according to The Associated Press.

The state, represented by the Alaska Department of Law, had called the case "meritless" and asked Gleason to toss it, the AP reported. NewsCubby covered Alaska's Oct. 31 request to dismiss the suit.

How did the department and the campaigns react?

A Justice Department spokesperson said the court dismissed the case on procedural grounds and that Alaska voters "deserve a fair election, not to be misled in an attempt to rig outcomes," according to NBC News.

A Peltola spokesperson said no "sham investigation or baseless lawsuit" would stop Alaskans from electing her, Alaska's News Source reported.

Earlier Sunday, Sen. Sullivan told CNN he expected to lose votes to the second Sullivan on the ballot and said he doubted Peltola's denials, according to The Associated Press. His campaign did not immediately respond to a request for comment on the ruling, the AP reported. He also told CNN he would accept the election results whatever the outcome, NBC News reported.

What we know

The Justice Department is separately conducting a criminal investigation and has issued subpoenas tied to the effort to put Dan J. Sullivan on the ballot, and nobody in the race has been charged with a crime, CBS News reported. Alaska U.S. Attorney Michael Heyman did not rule out criminal proceedings at a Friday news conference, according to Alaska's News Source. NewsCubby also reported on a related House inquiry.

What we don't know yet

It has not been reported when the Justice Department will file its appeal or how quickly an appeals court could act, based on reporting by NBC News and Alaska Public Media.

What's next

Alaskans vote Tuesday, Nov. 3, in a ranked-choice election, according to The Associated Press. The state's Republican governor has ordered an investigation and suggested he may not certify a possible Peltola victory, the AP reported.

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