Alaska Election Certification Lawsuit Dismissed After NAACP and AOWSAC Brief
Alaska election certification is back on track after a federal judge on November 1 threw out the Justice Department lawsuit that sought to block Alaska from certifying its U.S. Senate results unless the Republican incumbent won. Days earlier, the NAACP and the NAACP Alaska Oregon Washington State Area Conference, which includes the NAACP Anchorage Branch, filed a friend-of-the-court brief urging the court to dismiss the case. The court did exactly that, two days before Election Day.
- The case: United States v. State of Alaska, U.S. District Court for the District of Alaska
- What DOJ wanted: To stop Alaska from certifying the Senate race if Sen. Dan S. Sullivan lost, pending an investigation into voter confusion
- NAACP brief filed: Friday, October 30, 2026, on behalf of the NAACP and NAACP AOWSAC
- Ruling: Dismissed by U.S. District Judge Sharon Gleason on Sunday, November 1, 2026
- What happens next: The Justice Department has said it will appeal
- NAACP AOWSAC position: Every Alaskan’s ballot should be counted and certified on the state’s normal schedule, free from federal interference
What the Justice Department Asked For
On October 22, less than two weeks before the election and with early voting already underway, the Justice Department sued the state of Alaska. Its complaint centered on two candidates on the ranked-choice ballot with nearly the same name: incumbent Sen. Dan S. Sullivan and Daniel J. Sullivan, a retired teacher from Petersburg. The department asked the court to bar the state from certifying the Senate result if the senator lost, while investigators looked into whether votes for one Sullivan were meant for the other. A later amended complaint asked the court to set aside every ballot that ranked a Dan Sullivan.
The only federal law the complaint relied on was the National Voter Registration Act. The Alaska Supreme Court had already ruled earlier in the year that Daniel J. Sullivan was eligible to appear on the ballot. Alaska’s own election officials, led by Division of Elections Director Carol Beecher, moved to dismiss the case and argued that investigating voter intent would be impossible without breaking the secret ballot.
Why NAACP and AOWSAC Stepped In
On October 30, the NAACP filed its amicus brief on behalf of the national NAACP and the NAACP Alaska Oregon Washington State Area Conference, a filing announced by the NAACP Legal Defense Fund. The brief argued that the Justice Department had failed to state any claim the court could act on. The National Voter Registration Act, it explained, is a law about getting eligible people registered and keeping voter rolls accurate. It says nothing about which candidates may appear on a ballot or whether a state may certify the result. The brief also warned that blocking certification indefinitely would trample basic voting rights.
“Alaskans deserve to have their votes counted,” NAACP General Counsel Kristen Clarke said when the brief was filed. For AOWSAC, which represents branches across Alaska, Oregon and Washington, this was a direct regional fight. A federal effort to hold one state’s results hostage to one candidate’s fate would set a precedent no community in the Pacific Northwest should accept.
What the Judge Decided on Alaska Election Certification
In a 20-page decision released Sunday morning, Judge Gleason dismissed the lawsuit for lack of standing and refused to let the Justice Department try again with an amended complaint. She found the department offered no workable plan to separate ballots and investigate voters’ intent while keeping those ballots secret. Ballots already cast had been mixed together and could no longer be traced to individual voters. She also noted the timing: the department waited until voting had begun, nearly four months after the Alaska Supreme Court settled the ballot question.
The judge pointed to a long-standing principle that federal courts should not change a state’s election rules on the eve of an election, and to the Constitution’s choice to leave election administration to the states. Clarke called the ruling “a big win for the voters in Alaska.” The Justice Department has said it will appeal, and a separate federal criminal investigation into the candidacy of Daniel J. Sullivan is continuing. Neither changes the court’s order: Alaska election certification proceeds on its normal timeline.
Alaskans deserve to have their votes counted.
What This Means for Voters in Alaska, Oregon and Washington
Alaska counts ranked-choice ballots in the days after Election Day, and the state certifies the results weeks later. This ruling means that process runs the way state law says it should. It also matters well beyond Alaska. If a federal agency could freeze a state’s results whenever its preferred candidate trailed, no voter in Oregon or Washington could be sure their ballot would carry the weight it should. NAACP AOWSAC Vice President Jasmin Smith made the same case in her recent op-ed, Honor the Rule of Law and Respect the Will of Alaska Voters. Protecting Alaska election certification is protecting every voter in the region.
Join the NAACP and help protect fair elections across Alaska, Oregon and Washington.
Frequently Asked Questions About Alaska Election Certification
1. What was the Justice Department lawsuit about?
It asked a federal court to stop Alaska from certifying its U.S. Senate result if Sen. Dan S. Sullivan lost, while investigators looked into whether voters confused him with another candidate, Daniel J. Sullivan.
2. What did the NAACP and AOWSAC do?
On October 30, the NAACP filed a friend-of-the-court brief on behalf of the national NAACP and NAACP AOWSAC, which includes the Anchorage Branch, arguing the lawsuit had no legal basis and should be dismissed.
3. What is an amicus brief?
A friend-of-the-court brief is a legal argument from an organization that is not a party to the case but has a strong interest in the outcome. It gives the court an added perspective before it rules.
4. Why did the judge dismiss the case?
Judge Sharon Gleason found the federal government lacked standing and offered no way to investigate voter intent without violating the secret ballot. She also noted the suit was filed after voting had already begun.
5. Will Alaska still certify its Senate race on time?
Yes. The ruling lets the Division of Elections certify on its normal schedule. The Justice Department plans to appeal, but no court has ordered Alaska to hold back its results.
Additional Resources
- Alaska Public Media: Judge tosses DOJ lawsuit over Alaska Senate results
- NPR: Judge tosses DOJ Alaska lawsuit over U.S. Senate race
- PBS NewsHour (AP): Judge dismisses lawsuit seeking to block Alaska certification
- Davis Vanguard: NAACP challenges federal effort to block Alaska certification
- Alaska’s News Source: NAACP files amicus brief challenging the lawsuit
- State of Alaska Division of Elections
