US federal judge rejects Department of Justice ballot segregation request ahead of Alaska midterms News
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US federal judge rejects Department of Justice ballot segregation request ahead of Alaska midterms

The US District Court for the District of Alaska on Sunday dismissed a Department of Justice (DOJ) lawsuit to segregate ballots and delay certification of the new Alaskan senator ahead of the US midterm elections.

US District Judge Sharon Gleason ruled that the federal government lacked both standing and a workable plan to segregate ballots without violating the fundamental right of US voters to cast a secret ballot. Judge Gleason noted that the DOJ failed to explain how government could determine whether a vote cast for Daniel J. Sullivan was mistakenly intended for the incumbent Republican senator, Senator Dan S. Sullivan, without compromising ballot secrecy.

Judge Gleason therfore ruled that granting the DOJ’s request to segregate ballots would cause confusion:

Clearly, if this Court were to order that certain ballots will be segregated and subject to a future and as yet unspecified investigation by law enforcement, it would likely result in voter “confusion and consequent incentive to remain away from the polls.” Such late-breaking changes to the election rules are strongly disfavored.

The court added that such urgent modifications to election rules are infrequent, emphasizing that “lower federal courts should ordinarily not alter the election rules on the eve of an election.” 

The preemptively filed lawsuit sought to block the certification of the Alaskan senator in the event that the incumbent Republican candidate, Dan S. Sullivan, loses. The federal government’s legal challenge centered around the inclusion of Daniel J. Sullivan, a retired teacher with the same name as the Republican senator, on the ballot. The DOJ argued that this would create voter confusion. As a result, the government sought to segregate and preserve ballots for Daniel J. Sullivan to “protect the integrity of the 2026 Senate election in Alaska.”

In reply, Alaskan officials argued that the DOJ put forward no evidence of voter confusion. The election ballot included several identifiers distinguishing the individuals, displaying “Sullivan, Dan S. (Registered Republican Incumbent)” and “Sullivan, Daniel J. Jr.” with no party affiliation listed below.

“Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes,” a DOJ spokesperson said in response to the lawsuit’s dismissal. The Alaskan Senate race between Republican incumbent Dan S. Sullivan and Democratic opponent Mary Peltola is the critical contest that could decide the balance of power in the US Senate.

The US midterm election in Alaska will proceed as scheduled on Tuesday, November 3, 2026.

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