Republican U.S. Sen. Dan Sullivan and Democratic U.S. Senate candidate Mary Peltola participate in a debate in Anchorage, Alaska, Oct. 15, 2026.
Kerry Tasker | Reuters
A federal judge on Sunday dismissed a Department of Justice lawsuit seeking to delay certification of the Alaska Senate election because of potential voter confusion from having two candidates named Dan Sullivan on the ballot, one of whom is the Republican incumbent.
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 said it would appeal the decision.
Peltola 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.
Peltola’s campaign has been accused of soliciting a retired school teacher named Dan Sullivan to run for the Senate against the incumbent Sen. Dan S. Sullivan and Peltola. Her campaign has denied those claims.
Gleason, in a 20-page decision, said the federal government had failed to establish that it had legal standing to file a civil complaint to postpone certification of the election if Sen. Sullivan lost.
The DOJ, in that event, had wanted an investigation to be conducted into voter intent and possible confusion from having two Dan Sullivans on the ballot.
“The absence of any explanation from the United States as to how its requested relief could redress its alleged injury while simultaneously maintaining the secrecy of the ballot is telling,” Gleason said in her ruling.
This Oct. 29, 2026, photo shows a sample election ballot in Anchorage, Alaska.
Eloise Brethes | AFP | Getty Images
The judge also noted that DOJ claimed it was not seeking to alter the “time, place or manner of Alaska’s election.”
But at the same time, Gleason said, the DOJ was asking her for an order “preventing the State
from certifying the election if certain circumstances occur; a court order requiring the State to segregate and preserve certain ballots; and a court order permitting the United States to conduct an investigation into the intent of those voters who cast ballots for Daniel J. Sullivan.”
“These requests certainly involve the time, place, and manner of Alaska’s election, which are the responsibilities of the State, not the executive branch of the federal government,” Gleason said.
The judge said she would not allow the DOJ to amend the lawsuit, which had already been amended last week to add a new legal claim and details of a New York Times article about the alleged recruitment of the second Sullivan.
“The Court finds that further amendment would be futile because this Court lacks the authority to order that certain ballots cast by Alaskans be segregated so that federal law enforcement officials can conduct an unspecified investigation of the voters who cast them,” Gleason said.
Dan J. Sullivan, a candidate in Alaska’s U.S. Senate race who shares his name with the incumbent seeking reelection, talks with a reporter in Petersburg, Alaska, July 3, 2026.
Becky Bohrer | AP
A DOJ spokesperson, in a statement, said, “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.”
“DOJ plans to file a notice of appeal,” the spokesperson said. “Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes.”
CNBC has requested comment from Peltola’s campaign and from the White House.
President Donald Trump has said he ordered the lawsuit, which was filed Oct. 23.
Trump argued that Peltola and other Democrats had recruited the former school teacher to run in hopes of confusing voters who wanted to cast their ballots for Sen. Sullivan.
The New York Times on Wednesday reported that Peltola campaign aides and DSCC aides had been involved in efforts to recruit the retiree for the race.
Peltola’s campaign and the Democratic Senatorial Campaign Committee have denied having any involvement in his campaign.
DSCC Executive Director Devan Barber, in a statement Sunday, said, “Today’s ruling is a victory for democracy and a clear message to Donald Trump and Senate Republicans: No one, no matter how powerful, can toss out free and fair elections just because they don’t like the result.”
“We will never stop fighting back against the shameful, brazen efforts from the Trump administration and their weaponized Department of Justice to subvert the U.S. Senate race in Alaska, or any other election as voters reject Republicans at ballot boxes across the country – and we are confident Alaska voters will elect Mary Peltola to the Senate,” Barber said.
Sen. Sullivan, during an interview on CNN before Gleason issued her ruling, said he would accept the results of the election if he lost.
But he also blasted Peltola’s campaign and the DSCC.
“Recognizing they couldn’t run on their record, so they had to cheat,” Sullivan said. “I think a lot of Alaskans, even Democrats, are thinking she is not fit for office; she’s continually lying to the Alaskan people, and I guarantee you she’s lying right now.”
