Alaska asked a federal judge Saturday to dismiss the Justice Department's Senate-election lawsuit, arguing that its proposal to segregate ballots would not establish whether voters confused two candidates with similar names.
The October 31 reply supports the state's existing motion to dismiss. It asks the court to let Alaska proceed with counting and certification under state law. It is a request from a party, not a ruling dismissing the case.
DOJ's Friday memorandum seeks expedited discovery and an injunction requiring preservation and segregation of ballots ranking Daniel J. Sullivan, a different candidate from Republican incumbent Sen. Dan Sullivan. The department argues that voter confusion could distort the result and that federal law permits intervention to protect election integrity. Its lawsuit seeks to delay certification of a potentially affected result.
What ballot separation would show
Alaska's lawyers draw a distinction between physically separating ballots and finding out whom voters meant to support. Physical separation, they say, could be done after Election Day but would accomplish nothing: officials could already identify ballots ranking Daniel J.
Determining whether a voter meant the incumbent instead would require connecting that person to a ballot and asking. The state says that cannot be done because ballots have no voter names and are mixed to preserve secrecy.
The state also argues that the National Voter Registration Act supplies no legal basis for DOJ's requested intervention. DOJ disputes that reading, citing the statute's election-integrity purpose and federal authority to seek injunctive relief.
The Associated Press reports that Democrat Mary Peltola has denied involvement in placing the second Sullivan on the ballot. Allegations about his recruitment remain distinct from a court finding of wrongdoing.
Judge Sharon L. Gleason's October 30 scheduling order allowed replies Saturday. That order expedited consideration of dismissal motions; it did not decide them or direct ballot segregation. Election Day is Tuesday, November 3.
