Alaska Democratic Senate candidate Mary Peltola has asked a federal judge to dismiss a lawsuit filed by the Trump administration that sought to block the state from certifying election results if the Republican incumbent loses narrowly. The Department of Justice's lawsuit, filed last week in federal court in Alaska, signals the administration's willingness to contest the results of the upcoming midterm elections.
Peltola's campaign, in a court filing late Sunday, stated that the lawsuit represents an unlawful attempt by the federal government to intervene in election administration, a responsibility assigned to the states by the U.S. Constitution. Lawyers for Peltola's campaign and the Democratic Senatorial Campaign Committee wrote that the complaint is "wholly baseless" and that the Department of Justice's decision to file it raises "profound constitutional concerns."
US District Judge Sharon Gleason, an appointee of former President Barack Obama, agreed Monday to fast-track the case but has not yet set a date for a ruling. Peltola's campaign has requested a decision this week.
Election law experts have suggested the lawsuit lacks merit and seeks relief not permitted under federal law. US Attorney General Todd Blanche told CNN's "State of the Union" on Sunday that the lawsuit was filed to help officials determine if any voter confusion violated the law, stating, "President Trump is not trying to take over a state election in any way, shape, or form."
Peltola, a former Alaska representative in the U.S. House of Representatives, is challenging incumbent Republican Senator Dan S. Sullivan. The Justice Department's suit alleged that another Republican contender in the race, Dan J. Sullivan Jr., was attempting to mislead voters into casting ballots for him instead of the incumbent senator. Dan J. Sullivan has denied this intention, and the Alaska Supreme Court permitted him to appear on the ballot in June.
In her order, Judge Gleason noted that the lawsuit was filed after voters had already begun casting ballots for the November election and nearly four months after the Alaska Supreme Court directed election officials to include Daniel J. Sullivan on the ballot, signaling skepticism toward the suit.