A federal judge in Alaska on Sunday dismissed a Justice Department lawsuit that had sought to segregate certain ballots and delay certification of the state's Senate election, clearing a legal cloud from one of the midterms' most closely watched races just two days before Election Day.
The case, United States v. State of Alaska, asked the court to allow federal investigators to examine ballots connected to a candidate on the Senate ballot named Sullivan, amid questions raised in recent reporting about how that candidacy came together. U.S. District Judge Sharon Gleason ruled that the government had not presented a workable plan for how it would segregate and investigate those ballots while preserving voters' secrecy, and she noted that courts are generally cautious about changing election procedures this close to an election, a standard known as the Purcell principle, which is meant to avoid confusing voters and election officials with last-minute changes.
The Alaska Senate race pits Republican incumbent Dan Sullivan against Democrat Mary Peltola in a contest that could help determine which party controls the chamber next year. Alaska's unusual ranked-choice voting system and its small, geographically spread-out population have made past elections there slower to finalize than in many other states, and this year's contest is expected to draw national attention as votes are counted. A separate ruling in a related case found that federal officials could not pressure state election administrators to change ballot-processing procedures based on claims that some voters were ineligible. The Justice Department is expected to appeal the dismissal, according to reporting on the case.
Alaska's results, like those in several other closely fought states, are likely to take time to finalize once polls close Tuesday. Courts in a number of states have weighed in on election administration disputes in the run-up to this year's midterms, generally siding with existing state procedures over last-minute changes, a pattern that has repeated itself in multiple states this cycle.
What is the Purcell principle?
It is a legal standard that counsels federal courts against ordering major changes to election procedures in the period immediately before an election, out of concern for voter confusion.
Who is running in the Alaska Senate race?
Republican incumbent Dan Sullivan is being challenged by Democrat Mary Peltola.