Quick answer: The Justice Department sued to stop Alaska from certifying its Senate election if Republican Sen. Dan Sullivan lost. On November 1, a federal judge threw the case out, saying the government did not have the legal standing to bring it. The department filed a notice of appeal the same day, and a separate criminal investigation is still going.
Last updated: November 4, 2026. This story is still developing.
What the lawsuit asked for
The department filed the case on October 22, less than two weeks before Election Day. It centered on a second candidate on the ballot named Daniel J. Sullivan, a retired teacher, whom Republicans call a decoy. The government argued that his name could confuse voters and that his only purpose in running was to pull votes away from the incumbent. It asked the court to hold up certification if Sen. Sullivan narrowly lost, so ballots cast for the other Sullivan could be set aside and looked at.
Department leaders said publicly that they did not want to stop anyone from voting or stop certification. Critics read the request differently, and Peltola's campaign called it an abuse of the department.
Timeline
- October 22: The Justice Department files the lawsuit.
- October 26: A federal judge fast-tracks the case.
- Late October: The department files an amended complaint, accusing Peltola's campaign and the Democratic Senatorial Campaign Committee of misleading the court about the second Sullivan. NBC News reports the department sent at least three dozen subpoenas and preservation requests.
- November 1: Chief U.S. District Judge Sharon Gleason dismisses the case in a 20-page order. The department files a notice of appeal to the Ninth Circuit the same day.
- November 3: Election Day.
Why the judge said no
Judge Gleason did not rule on whether the second Sullivan was a plot. She ruled that the government had not shown that a court could fix the harm it described. She also said the department offered no workable way to separate the ballots cast for Daniel J. Sullivan and then investigate them without exposing how people voted. She added that the time, place and manner of Alaska's election are the state's responsibility, not the federal executive branch's. She also refused to let the department amend the complaint, calling that futile.
The department described the ruling as procedural. An election lawyer told Fox News the dismissal turned on standing, and legal experts there said the appeal faces an uphill road.
What Trump and Alaska officials have said
President Trump called the alleged scheme "voter fraud at the highest level" and said Mary Peltola should be removed from the ballot and prosecuted. Peltola denies any involvement. Alaska Gov. Mike Dunleavy directed a state agency to investigate whether laws were broken, and federal and state investigations into the recruitment allegations are continuing. Daniel J. Sullivan has called the lawsuit a gross misuse of the department. Peltola's campaign called it a baseless action by a weaponized Justice Department.
What happens next
- The appeal: The Ninth Circuit would decide whether the dismissal stands.
- The count: Alaska uses ranked-choice voting. If nobody wins a majority of first-choice votes, the tabulation is scheduled for November 18.
- Certification: Officials are aiming for November 25.
- The investigations: The federal and state probes are separate from the lawsuit and are not stopped by the dismissal.
Why it matters beyond Alaska
Republicans hold a 53-47 Senate majority, and Democrats need a net gain of four seats. If the Senate comes down to a handful of seats, Alaska's slow count and this legal fight could keep control undecided for weeks. It is also a rare case of the federal government trying to affect how a state certifies its own election.
Frequently asked questions
Can the Justice Department stop Alaska from certifying its Senate election?
A federal judge dismissed its lawsuit on November 1. The department appealed, but experts say the appeal is a hard road.
Why did the judge dismiss the lawsuit?
She found the government lacked standing and had no workable plan to separate and examine ballots while protecting voter secrecy.
Is there still an investigation?
Yes. Federal and state investigations into the allegation that people tied to Peltola's campaign recruited the second Sullivan are continuing. Peltola denies it.
Related coverage
- 2026 Midterm Election Results: live updates on who controls Congress
- Talarico vs. Paxton: Is Texas turning blue? Latest Texas Senate results
- What Is "Decoy Dan"? Alaska's Senate Race, Peltola vs. Sullivan, Explained
Sources: CNBC, CBS News, NBC News, Fox News, Minnesota Lawyer, Yahoo News, CNN and bdnews24 coverage, October 22 - November 4, 2026. Developments can change quickly.
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