The Justice Department filed notice on Sunday that it would appeal, MS NOW reports. That came hours after a federal judge in Anchorage threw out its lawsuit over the Alaska Senate race.

The suit sought to stop Alaska from certifying the result if Sen. Dan Sullivan lost, CNBC reports. It was about a second man on the ballot with the same name, retired teacher Daniel J. Sullivan.

Judge Sharon Gleason ruled that the government did not have standing to bring the case, CNBC and Fox News report. She did not decide whether the second Sullivan was recruited to confuse voters, CNBC says.

Gleason wrote that the government gave no workable plan to set those ballots apart and still keep each vote secret, MS NOW and CNBC report.

The appeal goes to the 9th Circuit Court of Appeals, CNBC reports.

A department spokesperson said the case was thrown out “on procedural grounds,” MS NOW reports. The spokesperson said the court did not dispute the claim that the second Sullivan ran to confuse voters.

Peltola's campaign called it a “baseless lawsuit from a weaponized Department of Justice,” CNBC reports. Peltola has denied any role in getting the second Sullivan to run, USA Today reports.

Legal experts doubted the appeal could win quick relief, Fox News reports. Before polls closed, election lawyer Jason Torchinsky called it “a heavy lift for the government.” Another expert, Cully Stimson, said the department may want to “establish a record” for later cases.

The race itself is still open. As of 10 in the morning Eastern time on Wednesday, Peltola had 48.2% of the vote and Sullivan had 47.9%, USA Today reports, citing the AP. That is a partial count. The race had not been called, and no results have been certified.

Alaska uses ranked-choice voting to pick the winner, CNBC reports. A separate criminal probe into how the second Sullivan entered the race is still going on, Fox News reports.

What we know: The Justice Department has appealed the ruling, and the Senate race has not been called.
What we don't: When the appeals court will act, whether charges will follow, and who will win the race.