Alaska's attorney general's office told a federal judge on Saturday that a Justice Department lawsuit meant to block certification of a possible Democratic Senate win in the state is "meritless" and should be dismissed, according to the Associated Press, carried by PBS NewsHour.
What the lawsuit asks
The suit was filed at President Donald Trump's direction. It asks U.S. District Judge Sharon L. Gleason to halt certification of a possible win by Democrat Mary Peltola over Republican Sen. Dan Sullivan until it is determined whether voters were confused by a second candidate on the ballot with the same name as Sullivan. On Friday, the Justice Department added a request that the judge set aside all ballots with votes for the second Dan Sullivan, a retired teacher from Petersburg, until it can be determined whether voters were fooled into "wasting" their votes on a spoiler.
Alaska called that request "both disturbing and impossible," saying it could not be done without violating voter privacy. The state wrote that "there is no reason for this Court to entertain this meritless lawsuit any longer" and urged dismissal with prejudice so officials can count and certify the election "free from unwarranted federal interference." The judge had set Saturday as the deadline for arguments over whether to dismiss without a hearing.
The backdrop
Trump also demanded that Peltola be prosecuted after The New York Times reported that internal texts and posts appear to show her campaign was involved in recruiting the second Sullivan. Peltola has denied involvement. The Justice Department has issued subpoenas and announced a criminal investigation.
The state's filing noted that the ballot distinguishes the two candidates: the senator is listed as a Republican and the incumbent, while the other appears as "Daniel J. Sullivan Jr." The Alaska Supreme Court ruled this summer that the second candidate met all legal requirements to be on the ballot. Gov. Mike Dunleavy, a Republican, condemned the candidate's placement and announced a state probe, but the state's filing said the new reports do not change that he is legally on the ballot. "Not every wrong can be righted in federal court," it said.
Unusual allies
Peltola's campaign and voting rights groups also urged dismissal, aligning with state officials. The ACLU wrote that the government was trying to "bend the machinery of state elections to his will." The administration argues a preamble to a 1990s voter-registration law gives it responsibility for the "integrity" of federal elections.
Sources: PBS NewsHour, Associated Press