@foxnews: NEW: The DOJ is appealing a federal judge's decision to dismiss its lawsuit over Alaska's "Decoy Dan" election controversy, just one day before Election Day. The dispute involves a candidate accused of using a similar name to Republican Sen. Dan Sullivan to confuse voters. The DOJ argues the judge failed to address concerns about alleged voter manipulation, while the judge questioned whether investigators could determine voter intent without compromising ballot secrecy. The case now heads to the 9th U.S. Circuit Court of Appeals. Download the Fox News app or go to Foxnews.com for more.