DOJ set to appeal ruling in Alaska Senate race dispute over ‘Decoy Dan’

A federal judge in Alaska threw out a Justice Department lawsuit on Sunday that aimed to postpone certification of the state's Senate election, two days before the midterms. The case grew out of the "Decoy Dan" controversy, in which Republican Sen. Dan S. Sullivan faces both Democratic nominee Mary Peltola and a candidate with a nearly identical name, Daniel J. Sullivan Jr. Prosecutors wanted time to probe whether voter confusion altered the outcome. U. S. District Judge Sharon Gleason found the government had not explained how such an inquiry could determine what voters intended without compromising ballot secrecy, and said the remedy would interfere with Alaska's role in administering its own elections, according to Fox News.

The department said it will appeal to the 9th U. S. Circuit Court of Appeals, contending the ruling rested on procedure and never addressed its allegation that Sullivan Jr. ran to mislead voters. The New York Times has reported that individuals linked to Peltola's campaign helped bring Sullivan Jr. into the contest as a spoiler. Peltola and Sullivan Jr. both deny any coordination.

Sullivan says he will accept Tuesday's results, though a criminal investigation of his namesake continues. Gov.

Summarized by PolitiKool from Fox News’s reporting. Read the full story at Fox News →