Two Dan Sullivans: Judge Tosses DOJ Suit in Alaska Senate Race

Alaska will vote Tuesday with both Dan Sullivans still on the ballot and no federal order hanging over the count. On Sunday morning, U.S. District Judge Sharon Gleason threw out the Justice Department's lawsuit that would have held up certification of the state's Senate race if the incumbent, Republican Sen. Dan S. Sullivan, lost.

The government didn't wait long. Less than two hours after the judgment, it said it would take the case to the 9th U.S. Circuit Court of Appeals, according to the Alaska Beacon.

Why there are two Dan Sullivans on Alaska's ballot

The senator filed for reelection on May 16. Thirteen days later, a second man filed for the same seat: Daniel J. Sullivan Jr., a retired teacher from Petersburg.

The state tried to keep him off. In a June 15 letter, Division of Elections Director Carol Beecher decertified his candidacy, finding it was filed "to confuse or mislead." Her letter pointed to several things, as summarized in the court's order. He asked to appear as "Dan Sullivan" even though state records showed he had never registered under that name. He had joined the Republican Party two days before filing. His campaign website looked a lot like the senator's. And a consultant working with him had long backed Democrats.

None of that held up in state court. An Alaska Superior Court judge ruled on June 26 that the decertification wasn't grounded in state law, and the Alaska Supreme Court summarily affirmed three days later.

So the ballot shows both men, worded differently. The senator appears as "Sullivan, Dan S. (Registered Republican) Incumbent." The other appears as "Sullivan, Daniel J. Jr." with no party label. Democrat Mary Peltola, a former congresswoman, and Republican Gerald Heikes of Palmer round out the four-way race.

What the Justice Department lawsuit asked for

The DOJ sued the state on Oct. 22 and amended the complaint on Oct. 29. President Donald Trump said he ordered the case filed, the Beacon reported.

The request was narrow but unusual. If Sen. Sullivan lost, and if moving every Daniel J. Sullivan vote to him would have flipped the ranked-choice result, the state would be barred from certifying until investigators looked into whether those voters meant to pick the senator. The amended complaint added a Supremacy Clause claim to the original one under the National Voter Registration Act. CBS News reported it also cited New York Times reporting on alleged efforts by people tied to Peltola's side to recruit candidates who could pull votes from the senator.

Peltola's campaign has said it "has no involvement with either Sullivan campaign," CBS reported.

Why Judge Gleason dismissed the case

The ruling turns on standing, not on whether the second Sullivan was a plant. Gleason didn't decide that question.

To bring a case in federal court, a plaintiff has to show a court can actually fix the harm it describes. Gleason found the government couldn't. Early ballots had already been mixed together and can't be traced back to the people who cast them. For ballots cast on Election Day, she wrote, the DOJ offered "no workable plan" to set aside Daniel J. Sullivan votes and investigate them "in a manner that would preserve voter secrecy."

"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," she wrote.

She also shut the door on a third version of the complaint. With the state filing two motions to dismiss in four days on the eve of a general election, she found more amendments would be futile because the 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." The dismissal is without prejudice, which is standard when a court finds it lacks jurisdiction.

Gleason is an Obama appointee and the most senior federal judge in Alaska. The state, Peltola's campaign, the Democratic Senatorial Campaign Committee, the League of Women Voters of Alaska and Common Cause had all asked her to toss the suit.

How each side responded

A DOJ spokesperson told CBS News the case was dismissed "on procedural grounds" and that the court "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."

On CNN's "State of the Union" Sunday, Sen. Sullivan said, "I'm sure I'm going to lose a lot of votes to that trickery," and accused Peltola of knowing about the recruitment effort. Peltola has denied personal involvement. "I am not interested in tricking voters," she said at a recent campaign event, per CBS.

DSCC executive director Devan Barber called the ruling "a victory for democracy" in a statement quoted by the Beacon.

Is the criminal investigation still open?

Yes. The civil case is over at the trial level, but federal prosecutors are separately investigating how Daniel J. Sullivan ended up in the race. CBS reported subpoenas have gone to several Democratic officials believed to be tied to the effort, and the state has announced its own inquiry. Nobody has been charged, and officials haven't said what crime they suspect.

What the appeal could change

Possibly nothing. The 9th Circuit may not act before Tuesday, and the Beacon noted the appeal could become moot in two ways: if Sen. Sullivan wins, or if Peltola's margin is bigger than Daniel J. Sullivan's total vote. In the August primary he drew 2.47%. Peltola led that primary at 49.54% to the senator's 41.40%, per figures cited in the court order, and polling averages now show her slightly ahead, the Beacon reported.

The appeals court on Oct. 26 turned down an emergency request the federal government filed against California election officials, after a lower court had dismissed that suit too.

How Alaska will count the Senate vote

Alaska uses ranked-choice voting in general elections. Every ballot first counts for the voter's top choice. If someone clears 50%, that's the winner. If not, the last-place candidate is dropped and those ballots move to each voter's next-ranked choice, repeating until two remain.

That's why the "Decoy Dan" fight matters less than it might seem in a close race. A voter who put Daniel J. Sullivan first and the senator second still ends up backing the senator once the lower-polling Sullivan is eliminated. A voter who ranked only Daniel J. Sullivan does not.

Close to 15% of registered Alaskans had already voted through Saturday, according to the Beacon. Polling places are open Tuesday until 8 p.m. Alaska time, which is midnight Eastern, and the Alaska Division of Elections posts results and voting information. Because absentee ballots keep arriving after Election Day and Alaska typically runs the ranked-choice tally only after those ballots are in, a close race may not be called for days. Our 2026 midterm elections guide covers the rest of Tuesday's key dates and races.

This story will be updated if the 9th Circuit acts before or after Election Day.