DOJ Seeks to Isolate Alaska Ballots as Criminal Probe Confirmed

What happened

On Friday, the U.S. Department of Justice asked a federal judge to order Alaska election officials to preserve and set aside every ballot that ranks Daniel J. Sullivan, the Senate candidate whose name matches Republican Sen. Dan Sullivan. Assistant U.S. Attorney E. Bryan Wilson wrote in the filing that the government "seeks to preserve and segregate all ballots ranking Daniel J. Sullivan for the purposes of investigating whether such ranking was the product of voter confusion, should such an investigation become necessary."

The filing asks for a decision by Monday, one day before Tuesday's ranked-choice general election. It is part of a [civil lawsuit the department filed last week](/article/doj-sues-delay-alaska-senate-result-two-sullivan-ballot-fight) that seeks to block certification of the Senate race if the incumbent loses.

The same day, Alaska U.S. Attorney Michael Heyman confirmed that a criminal investigation tied to the second Sullivan's candidacy has been running for months. Heyman told reporters in Anchorage that recent reporting by The New York Times, which said Peltola's campaign appeared to be involved in recruiting the retired teacher, had brought a "significant surge of law enforcement assets to Alaska." He would not say what crimes investigators are examining or who the targets are, and he asked members of the public to come forward with tips.

Why it matters

The race pits two-term Republican Sen. Dan Sullivan against Democratic former Rep. Mary Peltola, and it is among a handful of contests expected to decide control of the Senate. The ballot already distinguishes the two men: the senator appears as Dan S. Sullivan, Republican and incumbent, while the challenger appears as Daniel J. Sullivan Jr., with no party affiliation. That is also how they appeared on the August open primary ballot.

State attorneys argue that segregation is impossible in practice because ballots are mixed together in the ballot box on Election Day, and pulling out ballots that rank Daniel J. Sullivan would break ballot secrecy protections. They also note that segregating ballots would not reveal why any voter ranked him, and that Alaska's ranked-choice system lets voters rank both Sullivans. The state has asked the judge to dismiss the case.

Federal prosecutors this week also issued dozens of grand jury subpoenas and record-preservation requests, according to a person familiar with the matter cited by the AP. The department filed proposed questions it wants the Peltola campaign and the Democratic Senatorial Campaign Committee to answer about their reported role in recruiting the second Sullivan. Gov. Mike Dunleavy has ordered a [state investigation](/article/alaska-governor-orders-probe-two-dan-sullivans) into whether any violations took place.

Peltola denied on Thursday that she knew anything about the effort to put Daniel J. Sullivan on the ballot. "I am not interested in tricking voters," she said. At a rally in Anchorage late Friday, she said she was "so deeply offended by these accusations about having any involvement with anyone else's candidacy" and that she does not need help winning beyond voter support. Democrats, including the DSCC, have repeatedly denied involvement in any campaign trick, and Daniel J. Sullivan has long denied running at Democrats' behest.

President Donald Trump, who has said he told the department to file the civil case, said at a rally late Friday in Florida that Peltola and Daniel J. Sullivan should be prosecuted.

What it means for the US

The immediate stakes are the Senate itself. With control of the chamber riding on a handful of races, a delayed or blocked certification in Alaska would leave one seat unresolved and could shape what legislation and nominations move in the next Congress.

The case also tests how far federal prosecutors can go inside a state-run election. The department argues there is a "substantial risk" the second Sullivan's candidacy "will mislead voters and ultimately result in an electoral process that lacks integrity." Alaska counters that ballot secrecy and its ranked-choice system already answer that concern. Courts have pushed back on a similar department bid before: the 9th U.S. Circuit Court of Appeals recently rejected a Justice Department request to set aside disputed California ballots sent to some 20,000 people the administration contends may not be U.S. citizens.

Then there is the timing. It is highly unusual for Justice Department officials to publicly discuss a criminal investigation, let alone confirm one days before an election. The department has a longstanding practice of avoiding public steps in the weeks before an election that could be seen as an attempt to influence the outcome. Heyman's press conference broke with that practice, and that break is now part of the story voters will weigh on Tuesday.

What happens next

The judge has been asked to rule by Monday. Voters cast ranked-choice ballots on Tuesday, November 3. If the incumbent loses, the department's civil case asks the court to bar Alaska from certifying the result if the margin might be attributable to voter confusion. Attorney General Todd Blanche has previously [defended the department's bid](/article/blanche-defends-doj-bid-block-alaska-senate-certification) to block certification in that scenario.

Watch for three things before Tuesday: whether the judge grants the segregation order, whether prosecutors say anything more about the criminal probe, and whether the state follows through on its push to dismiss the case outright.