Judge throws out bid to hold up Alaska's Senate count

A federal judge in Anchorage on Sunday dismissed the Trump administration's lawsuit over Alaska's U.S. Senate race, two days before Election Day. The Justice Department had asked the court to block certification of the result if Republican Sen. Dan Sullivan loses to his Democratic challenger, former Rep. Mary Peltola.

The case centers on a second candidate on the ballot, Daniel J. Sullivan, who shares the senator's name. The department alleged that Democrats, including Peltola's campaign, recruited him to confuse voters, and it wanted ballots cast for him set aside so investigators could examine voters' intent. Peltola has denied any involvement.

U.S. District Judge Sharon Gleason ruled that the federal government had not shown it had legal standing to bring the case. She said the government never explained how its request could work while still keeping ballots secret, and that the court had no power to order ballots separated so that law enforcement could investigate the people who cast them. She did not rule on whether the second Sullivan was recruited to mislead voters, and she refused to let the department file another amended complaint.

Within hours, the Justice Department said it would appeal to the 9th U.S. Circuit Court of Appeals. A department spokesperson said the case had been dismissed on procedural grounds. Federal prosecutors have also said they are investigating the second Sullivan's candidacy.

The race is one of a handful expected to decide which party controls the Senate. Alaska uses ranked-choice voting, and polls close on Tuesday, Nov. 3. This is a developing story.