Judge dismisses DOJ’s Alaska election suit over redressability

U.S. District Judge Sharon Gleason dismissed the Justice Department’s amended complaint over Alaska’s U.S. Senate election on Nov. 1, finding DOJ had not established redressability, a requirement for Article III standing. The court said it therefore lacked jurisdiction. DOJ did not obtain an order blocking certification of the election result.

DOJ sought to block certification of a result that might have been affected by voter confusion while it investigated whether votes for candidate Daniel J. Sullivan Jr. were intended for incumbent Sen. Dan S. Sullivan. The claimed confusion between the similarly named candidates was an allegation behind the request, not a finding by the court.

The ruling turned on whether the relief DOJ requested could address the injury it alleged. The court found DOJ had not shown how an investigation could identify voter intent and provide a remedy while preserving the secrecy of ballots.

Ballot secrecy and the proposed investigation i

The order said DOJ had not provided a workable plan to separate ballots and investigate voters’ intent while maintaining ballot secrecy. It also discussed ballots that had already been cast and commingled. Alaska argued that anonymous, commingled ballots protect voter privacy and make it impracticable to determine an individual voter’s intent.

That question about whether a remedy could work was different from deciding whether confusion actually occurred. The court did not determine whether voters confused the candidates or whether any vote for Daniel J. Sullivan was meant for Dan S. Sullivan. Its decision resolved the standing and jurisdiction issue, not the underlying voter-confusion allegation.

The order dismissed the amended complaint without prejudice and without leave to amend. It said DOJ had not requested leave to amend and that further amendment was unwarranted. The disposition therefore did not grant DOJ permission to revise the complaint in that case.

Case was dismissed two days before the scheduled election i

DOJ initiated the case on Oct. 22 and filed its amended complaint on Oct. 29. Gleason issued the dismissal on Nov. 1, two days before Alaska’s general election was scheduled for Nov. 3. The requested certification block was not in place when the court ruled.

DOJ filed a notice of appeal on Nov. 1, according to Alaska Public Media, which reported that the notice came about an hour after the ruling. A notice of appeal is a procedural step; it is not an appellate decision on whether voter confusion occurred or whether the district court was right.