Judge to Rule on Alaska Senate Suit

A federal judge in Anchorage is expected to issue a ruling on the Justice Department lawsuit as soon as Saturday.

The suit seeks to block the certification of the U.S. Senate election if incumbent Republican Dan Sullivan loses narrowly. The state division of elections is among the parties asking the court to dismiss the case.

The legal action stems from a report by The New York Times alleging that Democratic operatives recruited a spoiler candidate. The candidate reportedly shared the same name as Sullivan, with the goal of confusing voters. The Justice Department has also opened a parallel criminal investigation but has not specified which crimes it is examining.

Governor Mike Dunleavy has ordered a separate state agency to investigate whether the recruitment operation violated any laws. Several legal experts interviewed by Alaska Public Media said they found no legal violations based on the reporting. In Alaska law, a candidate's motives do not determine legality. One law professor described the DOJ case as a press release dressed up as a lawsuit and did not expect it to have legal legs.

Voters in the state are reacting to the allegations with mixed feelings. Many supporters of Democrat Mary Peltola said they dislike the tactics but still plan to vote for her. Some described the Republican response as hypocritical. Amber McClelland, a Democrat in Anchorage, said recruiting a candidate to draw votes away from an opponent should not be a thing.

"It's kind of messed up, but in the past, Republicans have done everything that they can do to win, including cheat," McClelland said.

Alaska Public Media noted that Republicans have promoted spoiler candidates in the past. A Republican-aligned group spent significant money this year to try to get a Green Party candidate from Arizona on the Senate ballot. That candidate did not survive the state's top four primary. Two years ago, the Republican Party went to court to defend the right of Eric Hafner, a federal prison inmate, to run against Peltola for U.S. House as a Democrat. This year, a Republican-affiliated super PAC tried to get Hafner's mother on the Senate ballot as a Democratic spoiler. She also lost in the primary.

A Republican National Committee spokesman told Alaska Public Media that this case is different because the candidate has the same name as the incumbent. He said the goal was to confuse voters.

Peltola addressed the allegations in a speech at a bar in Juneau on Thursday evening. She said she knew nothing about any other candidates on the ballot except for herself and the incumbent. "I am not interested in tricking voters," Peltola said.

Senator Sullivan responded on Fox News, stating that Peltola is lying and cheating. Peltola is continuing to campaign this weekend, keeping the focus on affordability while addressing the developing legal and political situation.