A federal judge dismissed that lawsuit on Sunday, two days before the elections.
Why two Sullivans appear on the same ballot
Alaska holds open primaries from which several contenders from the same party can emerge for the general election. In the Senate race, four candidates have made it to November. Among them are the two Sullivans and Democrat Mary Peltola, a former congresswoman who is trying to wrest an important seat for the House majority from the Republicans.
The controversy dates back months. In June, Alaska's election administration put in writing its concerns about the second candidate's identification and recalled that the initial «S» corresponded to the senator. The incumbent's campaign has opted to show its supporters exactly what they should look for when voting: first the surname, then the first name, and, at the end, the letter S.
What changes with preferential voting
In Alaska, the voter can rank the candidates instead of marking a single box. If no one achieves a majority in the first count, the candidate with the fewest votes is eliminated and their ballots go to the next preference still in the race, if the voter indicated it. That is why a first preference for the other Sullivan does not automatically amount to a lost vote for the senator: who that voter placed after him also matters.
The Department of Justice argued that the similarity between the names could confuse voters and asked to halt certification in the event of the senator's defeat. The dismissal on Sunday nullifies that request. The ruling does not predict whether there will be confusion or whom the system will benefit. That can only be seen when the first preferences are counted and, if necessary, the later rounds.