Alaska asks a judge to toss the DOJ’s Senate ballot suit as the FBI contacts the other Sullivan’s donors
Alaska state officials asked a federal judge on Saturday to dismiss a Justice Department lawsuit that seeks to block certification of the state’s U.S. Senate race if Republican Sen. Dan Sullivan loses, CBS News reported. The FBI has begun contacting donors of Daniel J. Sullivan, an independent candidate who shares the senator’s name, CBS and AP reported. Election Day is Tuesday, November 3.
The lawsuit: The Justice Department sued this week, claiming the second Sullivan’s candidacy could confuse voters and violates the National Voter Registration Act. On Friday it asked the court to order Alaska to set aside all ballots that rank Daniel J. Sullivan. In Saturday’s filing, the Alaska Attorney General’s Office said the case has no legal basis and that the relief sought is not possible given voters’ right to a secret ballot, CBS reported. U.S. District Judge Sharon Gleason had set Saturday as the deadline for arguments on dismissal.
The criminal probe: Federal prosecutors are investigating whether aides to Democratic challenger Mary Peltola helped recruit Daniel J. Sullivan, a retired schoolteacher, because his name is similar to the incumbent’s, Reuters reported. U.S. Attorney Michael Heyman said a New York Times report had driven a surge of FBI resources to the case. Peltola has denied any involvement, and the retired teacher has denied coordinating with her campaign. No one has been charged.
California: Acting Deputy Attorney General Trent McCotter told Fox News on Saturday that the department’s fight over more than 20,000 California mail ballots would probably go to the Supreme Court before Tuesday, Reuters reported. A federal appeals court ruled 2-1 this week against the department’s bid to have those ballots set aside, and a federal judge on Friday ordered the department to stop threatening to prosecute California election officials.
The stakes: Republicans hold a 53-47 Senate majority. More than 51 million Americans had already voted in person or by mail, according to the University of Florida’s Election Lab, Reuters reported. President Trump is scheduled to hold rallies in Iowa and Kansas on Sunday.