The Justice Department is preparing to appeal after a federal judge dismissed its lawsuit seeking to delay certification of Alaska’s Senate election amid the Decoy Dan controversy. The ruling came Sunday, just two days before the midterm elections.

The dispute involves Republican Sen. Dan S. Sullivan and challenger Daniel J. Sullivan Jr., whose similar names appear on the ballot. The DOJ sought to delay or block certification while investigating whether confusion among voters may have affected the election’s outcome.

The department had also asked a federal judge to halt certification of Democratic nominee Mary Peltola if she wins. Peltola has denied being involved in the alleged effort surrounding Sullivan Jr.’s candidacy.

U.S. District Judge Sharon Gleason rejected the government’s request, concluding that it had not demonstrated how the proposed investigation could determine voters’ intent while still protecting ballot secrecy. She also found that the requested relief would intrude upon Alaska’s responsibility for administering its elections.

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The DOJ said it would appeal the dismissal. According to the department, Gleason rejected the lawsuit on procedural grounds without addressing its allegation that Sullivan Jr. entered the contest to confuse voters.

The case is now headed to the 9th U.S. Circuit Court of Appeals. That appeal adds another layer to a Senate race already drawing intense scrutiny because it could help determine which party controls the chamber.

The controversy intensified after The New York Times reported that people connected to Peltola’s campaign helped recruit Sullivan Jr. to enter the race as a spoiler. Peltola has denied involvement in that alleged effort.

Sullivan Jr. has likewise denied coordinating with Peltola’s campaign. The competing denials have not ended questions surrounding why a challenger with a name so similar to the Republican senator’s entered the contest.

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Sen. Sullivan accused the challenger of attempting to confuse voters. Despite that allegation and the Trump administration’s continuing legal push, the senator said Sunday that he would accept the results of Tuesday’s election.

The Trump administration is also pursuing a criminal investigation into Sullivan Jr.’s candidacy. That investigation is unfolding as the DOJ challenges the federal court ruling and seeks further review of its election claims.

Republican Alaska Gov. Mike Dunleavy has suggested that he may not certify the election if Peltola wins. Sen. Sullivan declined to say whether he would support an effort to refuse certification of such a result.

The certification question therefore remains tangled in both the federal appeal and the statements from Alaska’s governor. Gleason’s ruling, however, left the state’s existing election process in place as voters prepared to cast their ballots Tuesday.

Alaska uses ranked choice voting. If no candidate receives a majority during the first count, the candidate in last place is eliminated and voters’ next choices are counted.

That system continues through elimination rounds involving candidates who perform below the others. Against that structure, the DOJ’s lawsuit focused specifically on whether the presence of two candidates with similar names could create confusion capable of affecting the result.

The court did not grant the administration’s requested delay, but the DOJ’s promised appeal ensures that the Decoy Dan dispute is not finished. Meanwhile, the race remains closely watched because control of the Senate could turn on its outcome.

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