DOJ Seeks Order to Isolate Alaska Ballots for Dan J. Sullivan

The U.S. Department of Justice requested a court order on Friday to isolate all Alaska ballots that ranked retired teacher Dan J. Sullivan for Senate. The move comes as federal officials confirmed the existence of a criminal investigation into the race, which pits two-term Republican Sen. Dan Sullivan against Democratic former Rep. Mary Peltola.

Alaska U.S. Attorney Michael Heyman stated that the investigation has been ongoing for several months. He told reporters in Anchorage that recent media reports regarding the recruitment of Dan J. Sullivan led to a surge of law enforcement assets to the state. Heyman did not specify the potential crimes under investigation or the specific targets of the probe.

In a legal filing, Assistant U.S. Attorney E. Bryan Wilson argued that the government seeks to preserve ballots to investigate whether rankings were the product of voter confusion. The filing states there is a substantial risk that the candidacy of Dan J. Sullivan will mislead voters. The Justice Department asked for a decision by Monday, October 26.

State attorneys argued that segregation is difficult because ballots are commingled on Election Day. They noted that separating ballots would not reveal a voter's reason for choosing Dan J. Sullivan and could violate secrecy protections. The state also pointed out that the ranked voting system allows voters to rank both Sullivans, and that the ballot clearly distinguished them by listing the senator as Dan S. Sullivan, Republican incumbent, and the challenger as Daniel J. Sullivan Jr.

Peltola denied knowledge of the effort to place Dan J. Sullivan on the ballot. Speaking at a rally in Anchorage, she said she was deeply offended by the accusations. She also commented on Elisa Rios, a former campaign manager fired before the August primary, saying certain people are gone for a good reason.

Federal prosecutors issued dozens of grand jury subpoenas and record preservation requests this week, according to a person familiar with the matter. President Donald Trump said he told the department to file the civil case and suggested that Peltola and Dan J. Sullivan should be prosecuted.

The timing of the announcement drew attention because it occurred days before the November 3 general election. The Justice Department had previously rejected a similar request for California ballots in the same midterm cycle. Republican Gov. Mike Dunleavy ordered a state-level investigation into potential violations following recent media reporting.