Trump sues to separate Alaska ballots

The Trump administration sued to separate and preserve ballots cast for Dan J. Sullivan in Alaska's Senate race, arguing voter confusion could cost incumbent Republican Dan Sullivan the election.

The candidate with the same name

The New York Times reported that Democrat Mary Peltola's campaign recruited Dan J. Sullivan to run for Senate with the same name as the incumbent senator, drawing months of Republican criticism.

Judge cites secret ballot rights

U.S. District Judge Sharon Gleason dismissed the lawsuit, ruling that segregating ballots to investigate voters would violate Alaskans' constitutional right to a secret ballot.

Judge's key concern

Judge Gleason wrote that the Trump administration offered no explanation for how its relief could work while maintaining ballot secrecy, calling this absence telling.

“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.”

Segregation would violate rights

Gleason ruled that requiring segregation of ballots cast for Daniel J. Sullivan so voters could be investigated by law enforcement clearly violates Alaskans' right to a secret ballot.

“Requiring the segregation of ballots cast by voters for Daniel J. Sullivan so that these voters can be further investigated by law enforcement is not a remedy that this Court can or should order as it clearly violate Alaskans' right to a secret ballot.”

Lawsuit also sought to block certification

The Trump administration's lawsuit also sought to block certification of the Senate election if incumbent Senator Dan Sullivan loses. Alaska's Republican-led state government opposed this effort.

Peltola campaign responds

A spokesperson for Peltola's campaign told NBC News that no sham investigation or baseless lawsuit from a weaponized Department of Justice will stop Alaskans from electing Mary on November third.

“No sham investigation or baseless lawsuit from a weaponized Department of Justice is going to stop Alaskans from electing Mary on November 3rd so she can lower costs for Alaska's working families.”

Justice Department appeals ruling

Shortly after the judge's ruling, the Justice Department appealed, arguing the court dismissed the case on procedural grounds but did not dispute that Daniel J. Sullivan entered the race as a frivolous candidate.

“The court dismissed the case on procedural grounds but did not dispute the argument of the United States that Daniel J. Sullivan (a/k/a Decoy Dan) entered the race as a frivolous candidate to confuse voters.”

Trump calls it a criminal act

President Donald Trump accused Dan J. Sullivan of committing a criminal act on Truth Social, saying the candidate has disappeared and nobody can find him, including law enforcement.

“The Fake Daniel J. Sullivan, Jr., has DISAPPEARED! Nobody can find him, including Law Enforcement. He knows that he committed a Criminal Act.”

Sullivan says he'll accept results

On Sunday, Senator Dan Sullivan called Democrats' effort rigged and corrupt in a CNN interview but said he will accept the election results no matter the outcome.

“I'm going to accept the election results.”