DOJ Seeks Order to Isolate Alaska Ballots in Senate Race

The U.S. Department of Justice requested a federal court order on Friday to isolate specific ballots in the Alaska Senate race. The agency asked a judge to require state elections officials to set aside votes ranking Daniel J. Sullivan, a challenger who shares a name with Republican incumbent Sen. Dan Sullivan. This legal move occurred days before the ranked choice general election scheduled for Tuesday, October 6.

Alaska U.S. Attorney Michael Heyman told reporters in Anchorage that a criminal investigation into the race has been ongoing for several months. Heyman stated that recent reporting by The New York Times regarding the recruitment of the challenger has led to a significant increase in law enforcement resources in the state. The newspaper reported that Mary Peltola’s campaign appeared involved in recruiting retired teacher Dan J. Sullivan.

Federal Assistant U.S. Attorney E. Bryan Wilson filed documents stating the government wants to preserve ballots to investigate potential voter confusion. Wilson wrote that the United States seeks to segregate all ballots ranking Daniel J. Sullivan. The filing argues there is a substantial risk that the candidacy will mislead voters and affect the integrity of the electoral process. The Justice Department requested a judicial decision by Monday, October 5.

Attorneys for the state of Alaska responded by questioning how ballot segregation is feasible. They noted that ballots are commingled in boxes on Election Day and that separating specific votes could violate ballot secrecy protections. State lawyers argued that the segregated ballots would not reveal why a voter chose Daniel J. Sullivan. They also pointed out that the state already distinguished the two candidates on the ballot. The incumbent appears as Dan S. Sullivan, Republican, while the challenger is listed as Daniel J. Sullivan Jr. with no party affiliation.

The state has asked a judge to dismiss the civil case. State attorneys emphasized that Alaska’s ranked voting system allows voters to rank both Sullivans, which they argue addresses concerns about confusion. The Justice Department filed this lawsuit separately from its criminal probe. In the civil case, the agency seeks to block certification of the race if the incumbent loses. The filing included a list of proposed questions for the Peltola campaign and the Democratic Senatorial Campaign Committee.

Mary Peltola denied knowledge of the recruitment effort on Thursday. She told reporters at a campaign rally in Anchorage that she is deeply offended by the accusations. Peltola said she does not need help winning the race beyond voter support. When asked if a campaign member was involved in recruiting the challenger, she told KTUU that she honestly has no idea. She commented that certain people are gone for a good reason and that she would fire them again if she could.

The New York Times based its story partly on interviews with Elisa Rios, a former campaign manager who was fired before the August primary. Federal prosecutors issued dozens of grand jury subpoenas and record preservation requests this week, according to a person familiar with the matter. Republican Gov. Mike Dunleavy ordered an investigation into potential violations following the newspaper’s reporting. A boat dealership owner in Petersburg told The Associated Press that an FBI agent visited his business to ask if he had been misled by the candidacy. He said he had not and that everyone knows who the incumbent is.

President Donald Trump discussed the case during a rally in Florida on Friday. He told U.S. Attorney General Todd Blanche, who was in attendance, to make his own decision regarding prosecution. Trump said Blanche responded with yes. The Justice Department’s public confirmation of a criminal probe is unusual in the weeks leading up to an election. The agency has previously avoided public steps that could be perceived as influencing political outcomes. This follows a similar request by the Justice Department in California regarding disputed ballots.

The Alaska Democratic Party has separately sued state elections officials over absentee voting sites. The party alleges that in-person sites did not open as advertised in some rural communities. The director of the Division of Elections stated in a letter that most of the 18 highlighted sites had opened. The agency signs agreements with local or tribal offices to operate these locations. A message seeking comment from the state Department of Law was not immediately returned.