Federal judge throws out Justice Department bid to hold up Alaska's Senate results if Sen. Dan Sullivan loses

A federal judge in Alaska on Sunday dismissed a Justice Department lawsuit that sought to delay or block certification of the state's U.S. Senate results if Republican Sen. Dan Sullivan loses on Tuesday, Alaska Public Media reported.

In a 20-page decision, U.S. District Judge Sharon Gleason found the government offered no workable plan to set aside and investigate ballots while protecting the secrecy of the vote. CBS News reported that the order also found the department lacked proper legal standing.

What the lawsuit asked for

The suit, filed Oct. 22, centered on a second candidate on the ballot: Daniel J. Sullivan Jr., a retired Petersburg teacher running with no party affiliation. The department argued voters could confuse the two men. It asked the court to stop certification if confusion could have changed the outcome, and to have ballots marked for the challenger preserved and segregated for an investigation, according to Alaska Public Media.

Alaska's Division of Elections said the ballot already limits confusion by listing the incumbent as "Dan S. Sullivan," Republican. The state also told the court an investigation was impossible because ballots carry no names and are mixed together once cast. The Alaska Supreme Court ruled this summer that the challenger had a right to appear on the ballot.

The race

Sullivan faces Democrat Mary Peltola. A poll released Friday showed Peltola ahead by two percentage points, with the second Sullivan drawing more than 4%, Alaska Public Media reported.

The Justice Department has filed a notice of appeal, CBS News reported. U.S. Attorney Michael Heyman has said the FBI is adding resources for the election in Alaska.