The Justice Department isn’t backing down in the fight over Alaska’s “Decoy Dan.”
Just hours after a federal judge in Anchorage threw out the Trump administration’s lawsuit over Alaska’s U.S. Senate race on Sunday, the department filed notice that it will take the case to the 9th U.S. Circuit Court of Appeals, according to the Associated Press and CNBC.
“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,” a DOJ spokesperson said. “DOJ plans to file a notice of appeal. Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes.”
Two Dan Sullivans on one ballot
At the center of the fight is a ballot with two men named Dan Sullivan on it. One is the Republican incumbent, Sen. Dan Sullivan, who is in a tight race against Democrat Mary Peltola, a contest that could help decide control of the Senate. The other is Daniel J. Sullivan, a teacher from Petersburg, Alaska, who entered the same race.
The Justice Department’s lawsuit asked the court to order Alaska to set aside and preserve ballots cast for Daniel J. Sullivan, to allow an investigation into the intent of the voters who chose him, and to block certification of the result if the incumbent loses and those votes could have made the difference. President Trump has said he ordered the lawsuit.
What the judge ruled
U.S. District Judge Sharon Gleason, who was nominated to the bench by former President Barack Obama, dismissed the case two days before Election Day. In a 20-page decision, she found the federal government had not established that it had legal standing to bring the case.
“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 wrote.
She also refused to let the department amend its complaint again, writing that further amendment “would be futile” because the court lacks the authority to order ballots segregated so federal officials can investigate the voters who cast them. Peltola’s campaign and state election officials had asked the judge to toss the suit.
The investigation isn’t over
The ruling doesn’t end the federal scrutiny. The U.S. attorney for Alaska confirmed last week that criminal and civil investigations into the second Sullivan’s candidacy are ongoing, and the AP reports FBI agents have begun contacting some of his donors.
Peltola has denied any involvement in recruiting the second Sullivan and has called the allegations a smear campaign.
With voters heading to the polls Tuesday, the next move belongs to the 9th Circuit, and all eyes in Alaska are on what comes next.