DOJ Moves to Isolate Alaska Senate Ballots Before Tuesday Vote

The U.S. Department of Justice filed for a court order on Friday to isolate specific ballots in Alaska ahead of the Tuesday Senate general election. The request targets votes cast for Daniel J. Sullivan Jr., a boat dealership owner in Petersburg who shares a name with two-term Republican Senator Dan S. Sullivan. Federal officials stated the move aims to preserve evidence in case an investigation into voter confusion becomes necessary. The Justice Department asked a judge to decide on the matter by Monday.

In a separate development, U.S. Attorney Michael Heyman confirmed in Anchorage that a criminal probe is underway. He said the investigation has continued for several months but has recently intensified due to reporting from The New York Times. That report indicated the campaign of Democratic candidate Mary Peltola may have helped recruit Sullivan for the race. Heyman noted that law enforcement resources have increased in the state as a result of these revelations.

The civil lawsuit filed last week includes a list of questions the Justice Department wants the Peltola campaign and the Democratic Senatorial Campaign Committee to answer. The federal case seeks to block the certification of the race if the incumbent loses. President Donald Trump said he instructed the department to file the case. In a filing, Assistant U.S. Attorney E. Bryan Wilson argued there is a substantial risk that the similar names will mislead voters and compromise the electoral process.

State attorneys responded by questioning the logistics of the request. They noted that ballots are mixed in boxes on Election Day and that separating them would violate secrecy protections. The state argued that its ranked choice system allows voters to rank both Sullivans, which mitigates confusion. Officials also pointed out that the ballot lists the senator as Dan S. Sullivan, Republican, and the challenger as Daniel J. Sullivan Jr. with no party listed. This format matches the August primary ballot.

Mary Peltola denied knowledge of the effort to place Sullivan on the ballot. She told reporters she is not interested in tricking voters. When asked if a member of her team was involved in the recruitment, Peltola said she has no idea. She referenced former campaign manager Elisa Rios, who was fired before the primary, stating that certain people are gone for a good reason. Peltola expressed offense at the accusations during a rally in Anchorage.

Federal prosecutors issued dozens of grand jury subpoenas and record preservation requests this week, according to a person familiar with the matter. Republican Governor Mike Dunleavy ordered his own investigation into potential violations following the newspaper report. A boat dealership owner in Petersburg, who donated to Sullivan, said an FBI agent visited his business to ask if he was misled by the candidacy. He said he was not and that everyone knows who the incumbent is.

The timing of the federal announcements has drawn attention. It is unusual for the Justice Department to confirm a criminal probe publicly so close to an election. Trump said at a rally in Florida that Peltola and Sullivan should be prosecuted. He told Attorney General Todd Blanche to make his own decision, and Blanche responded affirmatively. The Alaska Democratic Party also filed a lawsuit against state elections officials, claiming some absentee voting sites did not open as advertised in rural areas.