Alaska Senate race faces federal probe over candidate name confusion

The White House filed a lawsuit last week to stop the certification of the Alaska Senate election results until a federal court determines whether voters were confused by two candidates sharing the same name. The administration is investigating whether the campaign of Democratic challenger Mary Peltola recruited a retired school teacher, Daniel J. Sullivan Jr., to join the ballot. Peltola is running against incumbent Republican Senator Dan Sullivan in a race that could decide which party controls the U.S. Senate.

The New York Times reported this week that internal campaign texts and messages showed Peltola’s team actively sought out the second Sullivan. In response, President Donald Trump asked for the criminal prosecution of the Democratic candidate. His Department of Justice has issued multiple subpoenas as part of a criminal investigation into the matter.

Peltola has denied that her campaign orchestrated the plan. The Democratic Senatorial Campaign Committee has also rejected the claim. Critics of the move argue that the Department of Justice is acting as an extension of the president’s political operation. They point out that the department has historically avoided open investigative actions within 60 days of an election.

However, recent weeks have seen a surge in politically sensitive activity, including a search at the home of Representative Ilhan Omar. The Justice Department defended its timing in a statement released on Wednesday. A department spokesperson said the agency is following the facts and the law, not anyone’s political calendar.

Justin Levitt, a Justice Department official during the Biden administration and a law professor at Loyola Marymount University, questioned the likelihood of a federal case. He noted that campaigns often recruit or support what are known as spoiler candidates. Levitt said, 'It can be unpleasant, but it happens all the time.' He added that no behavior violating federal law has been publicized.

The use of same-name candidates is not new in American politics. The practice dates back at least to 1946 in Boston, where a janitor named Joe Russo was recruited by supporters of John F. Kennedy to run against a four-term city councilor with the same name. In the current Alaska race, the unique ranked-choice voting system may make it more susceptible to manipulation. Anyone can appear on the primary ballot by paying a $100 filing fee, and the top four finishers advance to November.

Jason Torchinsky, a veteran campaign finance lawyer and former Justice Department official, stated that the system allows various actors to manipulate the outcome. In traditional systems, candidates must secure a party nomination, often by gathering tens of thousands of signatures. Defenders of Alaska’s voting method argue that voters can simply rank both Sulligans and exclude Peltola, which Sullivan’s campaign encourages. In Florida in 2020, a similar dispute led to the conviction of a former state senator who helped recruit a second Alex Rodriguez. That Democrat lost his seat by 32 votes.

David Becker, executive director of the Center for Election Innovation and Research, expects a judge to quickly dismiss the Department of Justice lawsuit. He described the suit as frivolous. Becker suggested that if both parties wanted to regulate the practice to prevent future disputes, they could work in Congress to create new rules.