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Monday, November 2, 2026
Edition 16
Updated

Boston Daily

A GetServices.ai publication

Supreme Court & Courts

Alaska tells a federal judge the Justice Department's demand to set aside Senate ballots is impossible

The department wants ballots ranking independent Daniel J. Sullivan preserved and separated, with a ruling by Monday. The state says votes are mixed in the box and the case should be dismissed.

Published ()

Alaska's attorneys asked a federal judge on Saturday to throw out a Justice Department lawsuit over the state's U.S. Senate race, calling the department's latest demand to separate certain ballots unworkable.

On Friday the department asked for a preliminary injunction ordering the state to preserve and segregate all ballots that rank Daniel J. Sullivan, an independent who shares a name with Republican Sen. Dan Sullivan, CBS News reported. It also sought expedited discovery from Democrat Mary Peltola's campaign and the Democratic Senatorial Campaign Committee, and asked for a ruling by Monday.

The state's response

The Alaska Department of Law argues that ballots are mixed together in the box on Election Day, so separating them would break ballot secrecy, according to CBS News. The state also says a preservation order is unnecessary because it already keeps ballots for 22 months.

In earlier filings, the state said the National Voter Registration Act, the only law the suit cites, covers registration rather than counting or certification, Alaska Public Media reported. The state also noted that the ballot lists the incumbent as a Republican and the challenger with no party.

How the case got here

DateDevelopment
JuneAlaska Supreme Court keeps Daniel J. Sullivan on the ballot
Oct. 22Justice Department files suit
Oct. 26U.S. District Judge Sharon Gleason fast-tracks the case
Oct. 30U.S. Attorney Michael Heyman confirms a criminal investigation
Oct. 31State files motion to dismiss
Nov. 3Election Day

Dates are from Alaska Public Media, CBS News and Yahoo News.

Heyman said he was not assuming a crime had been committed, CBS News reported. No one has been charged, according to Yahoo News. Peltola has denied involvement in the second Sullivan's campaign, and the DSCC has also denied involvement.

Sources

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