Judge rejects Justice Department bid to block Alaska Senate certification

Overview

Updated Yesterday

A federal judge dismissed the Justice Department's suit to block certification of Alaska's Senate race on November 1, and the department appealed the same day. Alaska voted on November 3. Democrat Mary Peltola led Republican incumbent Dan Sullivan by 2,517 first-choice votes on November 9, with about 220,000 ballots counted.

Ranked-choice tabulation is scheduled for November 18, and certification for November 25. The department has not asked the Ninth Circuit for an emergency order, and voting rights groups moved on November 9 to dismiss its appeal; briefing is not expected before January 11. A separate state-court fight over rejected absentee ballots had oral arguments scheduled for November 10.

Why it matters

The government asked a court to set aside an election before the votes were counted. The dismissal keeps Alaska's certification on its normal schedule.

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Key Indicators

Candidates named Dan Sullivan on the ballot

The incumbent is listed as Dan S Sullivan; the other as Daniel J Sullivan Jr.

2,517

Peltola's first-choice lead

Her margin over Senator Sullivan in the count released November 9.

1.7%

Daniel J. Sullivan Jr's general election share

His share of first-choice votes in the November 9 count.

Senate races rated toss-ups

Alaska is one of the contests expected to decide which party controls the chamber.

Voices

Curated perspectives — historical figures and your fellow readers.

People Involved

Dan Sullivan

Republican U.S. Senator from Alaska

Trailing Peltola by 2,517 first-choice votes as counting continues

Mary Peltola

Democratic candidate for U.S. Senate in Alaska

Leads by 2,517 first-choice votes; ranked-choice tabulation set for November 18

Sharon Gleason

U.S. District Judge for the District of Alaska

Dismissed the suit; the department appealed, and voting rights groups moved to dismiss that appeal on November 9

Organizations Involved

U.S. Department of Justice

Federal agency

Appealed the dismissal; has not sought emergency relief in the Ninth Circuit

The federal department that sued to block certification of Alaska's Senate result.

Alaska Division of Elections

State election agency

Counting ballots; ranked-choice tabulation scheduled November 18, certification November 25

The state office that administers Alaska's elections and certifies the results.

Peltola for Alaska

Political campaign

Sued the Division of Elections over absentee ballot data; denies involvement in recruitment

Mary Peltola's Senate campaign, accused in a New York Times report of helping recruit a spoiler candidate.

U.S. District Court for the District of Alaska

Federal trial court

Dismissed the case; judgment entered

The federal trial court that heard the government's request to block certification.

Timeline

2026 November 2026

9 events Latest: 2 days ago

Tap a bar to jump to that date

November 2026
Peltola's first-choice lead grows to 2,517 votes
Latest Election

A new batch brought the count past 220,000 ballots. Peltola had 48.6% of first-choice votes to Sullivan's 47.5%.
2 days ago
Voting rights groups move to dismiss DOJ's appeal
Legal

The League of Women Voters, Common Cause and others asked the Ninth Circuit to throw out the department's appeal. The department had not sought an emergency order.
2 days ago
Peltola campaign sues over absentee ballot records
Legal

The campaign sued the Division of Elections under the Alaska Public Records Act for accept-or-reject codes on returned absentee ballots. The Sullivan campaign moved to intervene; oral arguments were set for November 10.
2 days ago
Peltola leads by 637 votes in early count
Election

With nearly three-fourths of votes counted, Peltola led Sullivan by 637 votes, or 0.3%.
7 days ago
Alaska votes in the Senate election
Election

Voters cast ranked-choice ballots in the race between Senator Dan Sullivan and Mary Peltola. Counting began after polls closed.
November 3rd, 2026
Judge dismisses the suit; department appeals
Legal

Gleason cited ballot secrecy and the absence of a workable plan; the department went to the Ninth Circuit.
November 1st, 2026
October 2026
New York Times reports Peltola advisers helped recruit the other Sullivan
Investigation

The report, based on interviews with a dozen people and on text messages, was cited in an amended complaint.
October 28th, 2026
Justice Department sues to block certification
Legal

The complaint argued that two Dan Sullivans on the ballot threatened to mislead voters.
October 22nd, 2026
2026
Alaska Supreme Court keeps the second Sullivan on the primary ballot
Legal

The court upheld a decision allowing Daniel J. Sullivan Jr to appear; he took 2.5% of the primary vote.
2026

Scenarios

Sullivan wins and the challenge dies with the race

Likely Resolves by Nov 30, 2026

Discussed by: Senator Sullivan, who told CNN he expects to win and will accept the result

If Sullivan finishes ahead after ranked-choice tabulation, the condition the suit was built around never occurs. The appeal would have nothing left to block, and the case would likely be dismissed as moot.

Peltola wins and Alaska certifies over the department's objection

Possible Resolves by Jan 31, 2027

Discussed by: Election lawyers quoted across the coverage, who noted the ruling turned on ballot secrecy

If Peltola wins, the state would move to certify unless the Ninth Circuit intervenes first. Gleason's finding that the ballots cannot be separated without breaking secrecy would be the central issue on appeal.

Ninth Circuit revives the suit before certification

Unlikely Resolves by End of 2026

Discussed by: The Justice Department, which filed its appeal the day of the ruling

The department asked the Ninth Circuit to review the dismissal immediately. A reversal would put a court back in the position of ordering Alaska to hold ballots aside, days before or after the count.

State court orders Alaska to release rejected absentee ballot data

Possible Resolves by Nov 25, 2026

Discussed by: The Peltola campaign, which says it needs the records to check that lawful votes were counted

The Peltola campaign sued the Division of Elections under the Alaska Public Records Act, seeking the accept-or-reject codes on returned absentee ballots. The state argues the records are preliminary and would violate voters' privacy. Oral arguments were scheduled for November 10 in Anchorage Superior Court.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

November-December 2000

Bush v. Gore (2000)

Florida's presidential recount ran for five weeks with George W. Bush and Al Gore separated by hundreds of votes. Courts at the state and federal level issued competing rulings on whether and how counting could continue.

Then

The Supreme Court ruled 5-4 on December 12 to stop the recount, leaving Bush ahead in Florida and effectively deciding the presidency.

Now

The case set the modern template for asking courts to halt a count, and it made certification deadlines a legal battleground.

Why this matters now

The Alaska suit made a similar request: stop certification before the count is finished, on the theory that the process itself would produce the wrong winner.

November 2008-June 2009

Minnesota Senate recount (2008-2009)

Norm Coleman led Al Franken by a few hundred votes out of roughly 2.9 million cast. A mandatory recount flipped the lead to Franken, and Coleman challenged the result in court.

Then

A three-judge panel upheld Franken's lead, and Coleman conceded on June 30, 2009, seven months after the election.

Now

The seat stayed empty for months, showing how long a contested certification can delay representation in the Senate.

Why this matters now

Alaska's ranked-choice count and any appeal could stretch past the January seating of the new Congress, leaving the state with one senator in the interim.

August 2022

Peltola's ranked-choice House win (2022)

Mary Peltola won Alaska's at-large House seat in a ranked-choice special election, defeating Sarah Palin after lower-ranked choices were redistributed.

Then

She became the first Alaska Native elected to Congress and the first Democrat to hold the seat in decades.

Now

The result made Alaska one of the most visible tests of ranked-choice voting in federal elections.

Why this matters now

The same ranked-choice system now decides her Senate race, and the same system is what the Justice Department asked a court to set aside.