DOJ asks court for preliminary injunction and expedited discovery in Alaska Senate suit; judge fast-tracks motions to dismiss (update, Nov. 1, 2026)

Case

Between Oct. 29 and Oct. 31, 2026, the Justice Department added a Supremacy Clause claim to its Alaska Senate certification suit and filed a motion for a preliminary injunction and expedited discovery, while Judge Sharon Gleason fast-tracked the defendants' motions to dismiss ahead of the Nov. 3 election. Alaska's U.S. Attorney said new reporting had prompted a "significant surge of law enforcement assets" in the state and confirmed both civil and criminal inquiries. No court has ruled on the motions as of the latest docket entries.

What changed (Oct. 29-31, 2026)
On Oct. 29, 2026, DOJ filed a first amended complaint in its Alaska Senate certification suit, adding a Supremacy Clause claim, and filed its opposition to the motions to dismiss.
On Oct. 30, DOJ filed a memorandum supporting a motion for expedited discovery and a preliminary injunction, plus a motion asking the court to expedite consideration of that request. The Alaska election boards opposed expediting it, and the Peltola campaign and the DSCC joined that opposition.
Also on Oct. 30, the court granted expedited consideration of the defendants' motions to dismiss. Replies supporting dismissal were filed Oct. 31 by the League of Women Voters of Alaska, the Alaska election boards, and the Peltola campaign with the DSCC.
Judge Sharon Gleason had set the fast schedule on Oct. 26, noting that DOJ filed on Oct. 22, after voting began and nearly four months after the Alaska Supreme Court allowed Daniel J. Sullivan on the ballot. The state's elections director asked for a ruling by Nov. 2.
Alaska U.S. Attorney Michael Heyman told CBS News the new reporting about the second Sullivan's campaign was "troubling" and had produced a "significant surge of law enforcement assets" in Alaska. He declined to say what crimes are under investigation.
Heyman said he would file the preliminary-injunction and expedited-discovery motion by Monday, Nov. 2, the day before Election Day, and he said he has rescinded an earlier recusal.
As of the latest docket summary (through Oct. 31), the court had not ruled on the motions to dismiss or on the injunction request, and no hearing date was listed.

Perspectives

Official position — Justice Department and Alaska U.S. Attorney Michael Heyman
DOJ's position is that the suit is needed to protect the integrity of the election and that new reporting about how the second Sullivan's candidacy arose warrants a serious law-enforcement response. Heyman told CBS News that "every Alaskan deserves a fair election," that he is not assuming a crime was committed, and that the matter had been proceeding quietly for months rather than being escalated for the midterms. DOJ says expedited discovery and an injunction are needed to protect voters before certification.

Critic — Alaska election boards, Peltola campaign, DSCC, Common Cause and League of Women Voters of Alaska
The defendants and intervenors argue the suit has no legal basis and is an improper federal intrusion into state election administration. They told the court DOJ should not get expedited discovery or an injunction on the eve of the election, opposed expediting that request, and seek dismissal of the amended complaint. The Peltola campaign and the second Sullivan both deny coordinating to mislead voters.

Note
Alaska's election boards, the Peltola campaign, the DSCC and voting-rights groups say the suit has no legal basis and is an improper federal intrusion; DOJ says it is protecting election integrity.

Sources
[1] Democracy Docket — Alaska U.S. Senate Election Certification Challenge (DOJ), docket summary (https://www.democracydocket.com/cases/alaska-u-s-senate-election-certification-challenge-doj/) · 2026-10-31
[2] CBS News via Yahoo News — DOJ calls Alaska Senate allegations "troubling" (https://www.yahoo.com/news/politics/articles/top-doj-attorney-alaska-calls-214327910.html) · 2026-10-30
[3] Democracy Docket — Judge fast-tracks Democrats' bid to dismiss Trump's Alaska lawsuit (https://www.democracydocket.com/news-alerts/judge-fast-tracks-democrats-bid-to-dismiss-trumps-alaska-lawsuit/) · 2026-10-27
[4] Fox 2 Detroit — Simultaneous civil and criminal investigations launched over Alaska Dem ballot-stacking allegations (https://www.fox2detroit.com/news/simultaneous-civil-criminal-investigations-launched-over-alaska-dem-ballot-stacking-allegations) · 2026-10-30

Connections

Cause and effect — DOJ files revised Alaska Senate complaint citing NYT report on second "Dan Sullivan"; 40+ subpoenas reported (update, Oct. 29, 2026)
Follow-on to DOJ's Oct. 29 revised complaint: the Oct. 30 injunction and expedited-discovery motion and the court's fast-tracking of dismissal motions.

Cause and effect — Judge dismisses DOJ's Alaska Senate certification suit; DOJ says it will appeal (update, Nov. 1, 2026)
The Nov. 1 dismissal resolves the pending motions to dismiss and the injunction/discovery request described in the earlier draft.