DOJ Moves to Preserve Alaska Ballots as Probe Into Second 'Dan Sullivan' Heats Up
The Justice Department is asking a federal judge to take an extraordinary step in Alaska's Senate race: preserve and set aside ballots that rank a second candidate who shares Republican Sen. Dan Sullivan's name.
The request came Friday, just days before Tuesday's ranked-choice election between Sullivan, Democrat Mary Peltola and two other candidates.
Two Sullivans on One Ballot
The controversy centers on Daniel J. Sullivan Jr., a retired teacher from Petersburg running without a party label against the incumbent, Dan S. Sullivan.
Federal prosecutors want Alaska officials to segregate ballots that rank Daniel J. Sullivan so investigators can determine whether voters picked him by mistake.
Assistant U.S. Attorney E. Bryan Wilson argued there is a "substantial risk" the second Sullivan's presence could mislead voters and shake confidence in the results. The government asked the court to rule by Monday.
Alaska Pushes Back
State officials strongly objected. They argued ballots are mixed together and cannot be separated by candidate preference without threatening ballot secrecy.
They also said setting the ballots aside would not reveal why anyone ranked Daniel J. Sullivan. The ballot lists the incumbent as "Dan S. Sullivan," Republican and incumbent, and the challenger as "Daniel J. Sullivan Jr." Ranked-choice voting also allows voters to rank both men.
A Criminal Probe Heats Up
The ballot fight is happening alongside a criminal investigation that Alaska's top federal prosecutor confirmed Friday.
U.S. Attorney Michael Heyman said investigators have been looking into the matter for months. He said reports about alleged efforts by people tied to Peltola's campaign to recruit Daniel J. Sullivan led to a "significant surge of law enforcement assets to Alaska."
According to the Associated Press, prosecutors have issued dozens of grand jury subpoenas and preservation requests. CBS News reported that subpoenas went to several Democratic officials believed to be connected to the alleged recruitment effort.
President Trump has called for Peltola and Daniel J. Sullivan to be prosecuted, and Republican Gov. Mike Dunleavy has ordered state authorities to investigate whether state law was broken.
Denials All Around
No one has been charged with a crime. The story took off after The New York Times reported that people connected to Peltola's political operation discussed finding candidates who could pull votes away from Sullivan.
Peltola has denied knowing about any effort to recruit the second Sullivan. Asked whether someone tied to her campaign might have been involved, she said, "I honestly have no idea."
The Democratic Senatorial Campaign Committee also denies trying to manipulate the ballot, and Daniel J. Sullivan denies running at Democrats' direction.
What Happens Next
Justice Department officials acknowledged they know of no confirmed case of a voter choosing the wrong Sullivan. One Petersburg businessman who donated to the challenger told the AP an FBI agent asked whether he had been misled, and he said he had not.
The department is also pursuing a civil lawsuit that could block Alaska from certifying the Senate results in certain circumstances if the Republican incumbent loses. With control of the Senate on the line, the battle over Alaska's ballots may be far from over on Tuesday night.