DOJ Moves to Isolate Alaska Ballots Ahead of Ranked Choice Vote

The U.S. Department of Justice filed a motion on Friday asking a federal judge to order Alaska elections officials to isolate specific ballots cast in the state's Senate race.

The request comes three days before Tuesday's ranked choice general election. The race features incumbent Republican Sen. Dan Sullivan and Democratic former Rep. Mary Peltola. Federal officials confirmed on Friday that a criminal investigation into the campaign is underway. U.S. Attorney Michael Heyman stated in Anchorage that the probe has been active for several months. He noted that recent reporting about the Peltola campaign's involvement in recruiting retired teacher Dan J. Sullivan caused a surge of law enforcement resources to the state.

In a separate legal action, the Justice Department asked a court to preserve all ballots ranking Daniel J. Sullivan. Assistant U.S. Attorney E. Bryan Wilson wrote in the filing that the government wants to investigate whether these rankings resulted from voter confusion. Wilson argued there is a substantial risk that the similar names will mislead voters. The filing asks the judge to decide the motion by Monday.

State attorneys responded by questioning the practicality of the request. They noted that ballots are mixed in the box on Election Day. They argued that separating ballots for one candidate would violate ballot secrecy protections. The state also said it already distinguished the two candidates on the ballot. The incumbent appears as Dan S. Sullivan, Republican and incumbent. The challenger appears as Daniel J. Sullivan Jr., with no party affiliation listed.

Peltola denied any knowledge of the effort to place Dan J. Sullivan on the ballot. She told reporters on Thursday that she is not interested in tricking voters. She added late Friday that she is deeply offended by the accusations. President Donald Trump spoke at a rally in Florida on Friday. He said Peltola and Dan J. Sullivan should be prosecuted. He told U.S. Attorney General Todd Blanche, who was present, to make his own decision. Blanche agreed to proceed with the case.

Federal prosecutors issued dozens of grand jury subpoenas and record preservation requests this week. A person familiar with the matter said. Republican Gov. Mike Dunleavy also ordered an investigation into potential violations following media reports. The Alaska Democratic Party filed a separate lawsuit against state elections officials. They allege that absentee voting sites did not open as advertised in some rural areas.

The Justice Department has a practice of avoiding public steps in the weeks before an election. Heyman did not specify what crimes the probe is examining. He asked the public to provide tips to investigators. The state argued that Alaska's ranked voting system allows voters to rank both Sullivans, which reduces the chance of confusion.