DOJ Seeks Court Order to Isolate Alaska Ballots Citing 'Significant' Voter Confusion Risk

The U.S. Department of Justice requested a court order on Friday to isolate specific ballots in Alaska’s upcoming Senate election. The move accompanies a confirmed criminal investigation into potential voter confusion caused by a candidate who shares a name with the Republican incumbent. Federal officials asked a judge to preserve all votes ranking Daniel J. Sullivan, the challenger from Petersburg, to examine whether voters chose him due to a mix-up with Senator Dan S. Sullivan. The Justice Department wants a decision on the request by Monday.

Alaska U.S. Attorney Michael Heyman told reporters in Anchorage that the probe has been active for several months. He stated that recent reporting by The New York Times regarding the Democratic campaign’s role in recruiting the retired teacher triggered a surge of law enforcement assets to the state. Heyman did not identify specific crimes under investigation or name targets, but he urged members of the public to provide tips to investigators. Federal prosecutors also issued dozens of grand jury subpoenas and record preservation requests this week, according to a person familiar with the matter.

The legal filing argues there is a substantial risk that the candidacy of Daniel J. Sullivan, a boat dealership owner, will mislead voters. The document states the government seeks to segregate these ballots to investigate whether the ranking resulted from voter confusion. State attorneys countered that separating the ballots would be difficult because votes are commingled in ballot boxes on Election Day. They argued that segregation would not violate ballot secrecy protections but also would not reveal why specific voters made their choices. State officials asked a judge to dismiss the civil case.

Alaska Assistant U.S. Attorney E. Bryan Wilson noted in the filing that the state is seeking to preserve all ballots ranking Daniel J. Sullivan. The Justice Department also submitted a list of proposed questions for the campaign of Democratic former Rep. Mary Peltola and the Democratic Senatorial Campaign Committee. These questions are part of a civil case aimed at blocking certification of the Senate race if the incumbent loses. President Donald Trump said he instructed the department to file the case.

Peltola denied knowledge of the effort to place Sullivan on the ballot at a rally in Anchorage on Friday. She said, "I am not interested in tricking voters." She added that she is deeply offended by accusations of involvement in another person's candidacy. When asked if a campaign member recruited Sullivan, she told KTUU, "I have no idea. I honestly have no idea." She also commented on a former campaign manager, Elisa Rios, who was fired before the August primary, saying certain people are gone for a good reason.

State elections officials attempted to distinguish the two candidates on the ballot. The incumbent appears as Dan S. Sullivan, Republican and incumbent, while the challenger appears as Daniel J. Sullivan Jr. with no party affiliation. The same format was used on the August open primary ballot. The state also argued that Alaska’s ranked voting system allows voters to rank both candidates, which addresses confusion concerns. Republican Governor Mike Dunleavy ordered an investigation into potential violations following the New York Times report.

The timing of the announcements is unusual as the election is scheduled for Tuesday. The Justice Department has historically avoided public steps in the weeks before an election that could be perceived as influencing the outcome. Trump said at a rally in Florida that Peltola and Sullivan should be prosecuted. He told U.S. Attorney General Todd Blanche, who was in attendance, to make his own decision on the case. Blanche responded affirmatively. The Alaska Democratic Party also sued state elections officials over absentee voting sites, alleging they did not open as advertised in some rural communities.