A federal judge on Sunday rejected the Trump administration’s attempt to stop Alaska from certifying its Senate election results.
The setback came just two days before the November 3 midterm election.
The Justice Department alleged that Daniel J. Sullivan, whom the administration labeled “Decoy Dan,” entered the race as a “frivolous candidate” intended to confuse voters.
“Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes,” the DOJ said in its filing.
But U.S. District Judge Sharon Gleason ruled that the administration lacked standing to bring the case. The lawsuit sought to require Alaska to set aside ballots if Republican Sen. Dan Sullivan lost his reelection campaign to Democratic challenger Mary Peltola.
The Justice Department is appealing the decision, although it remains uncertain whether the appeal will prompt any significant action before Election Day on Tuesday, November 3.
The Senate contest has drawn unusual national attention after reports suggested that Daniel J. Sullivan, a Republican whose name closely matches that of the incumbent, may have entered the race as a spoiler candidate to divide GOP support.
In its lawsuit, the Justice Department argued that the second Sullivan’s campaign sought to “dupe Alaska’s voters into believing that he is Senator Sullivan.” It asked the court to segregate ballots if Peltola prevailed. But Gleason said Sunday that there was no way to separate those ballots without violating voters’ privacy rights and the secrecy of the ballot.
A sample election ballot is displayed in Anchorage, Alaska, showing both candidates named Daniel Sullivan
Voters cast ballots at a polling station in Anchorage, Alaska. The state’s U.S. Senate race has attracted intense attention over a second candidate whose name closely resembles that of the Republican incumbent
This combination photo shows Trump-backed Republican Sen. Dan Sullivan, left, in Palmer, Alaska, on August 17, 2026, and another candidate named Dan Sullivan in Alaska’s Senate race
Gleason said the DOJ offered “no workable plan” for separating the ballots without infringing on voters’ fundamental privacy protections.
“The absence of any explanation from the United States as to how its requested relief could redress its alleged injury while simultaneously maintaining the secrecy of the ballot is telling,” Gleason wrote.
“Simply, the Court cannot grant the United States the relief it seeks.”
The ruling comes as Sullivan and Peltola remain locked in a close contest that the Cook Political Report has classified as a “toss-up.”
The outcome could also shift control of the Senate toward Democrats if Peltola defeats Sullivan in his reelection bid.
Gleason denied the administration’s request to amend its complaint further, saying the move would be futile and would place an unnecessary burden on Alaska election officials just two days before the November 3 vote.
She also warned that subjecting the ballots to additional scrutiny could discourage people from taking part in the election.
The dismissal followed concerns Gleason raised during a hearing last week about the timing of the DOJ lawsuit. Alaskans had already begun voting, and the case was filed four months after the Alaska Supreme Court approved Daniel J. Sullivan’s appearance on the ballot, along with several distinguishing details intended to help voters identify which Dan Sullivan was the incumbent.
The decision represents the latest high-profile defeat for the Trump administration as it has sought, unsuccessfully, to expand federal authority over midterm elections.
Those efforts have triggered a wave of lawsuits from state and local election officials, who contend that the administration is unlawfully infringing on states’ authority to run elections under the Voting Rights Act and the U.S. Constitution.
The lawsuit is not the only action the Trump administration has taken in Alaska as it investigates the candidate known as “Decoy Dan.”
Last month, the Justice Department opened a separate criminal investigation into the campaign of the second Dan Sullivan.
The scope of that investigation remains unclear, but it is believed to involve, in part, allegations of conspiracy under a law dating to the Voting Rights Act era.
Peltola’s campaign and the national Democratic Party have denied any connection to Daniel J. Sullivan’s candidacy.
The White House referred Our News Outlet to the DOJ for comment.
