The Department of Justice wants to preserve and segregate all ballots ranking a candidate named Dan Sullivan for a potential investigation into voter confusion. A federal prosecutor detailed the request in a court filing, addressing whether voters might mistakenly rank the non-incumbent candidate in the belief he is Republican incumbent Sen. Dan Sullivan.
Lawsuit and Investigation Details
According to US Top News and Analysis (cnbc.com), the filing is part of a lawsuit asking District Court Judge Sharon Gleason to block state election officials from immediately certifying the Senate election if the incumbent loses by a margin potentially caused by voter confusion. U.S. Attorney for Alaska Michael Heyman stated that holding an election with a candidacy posing such risks creates a substantial chance of misleading voters.
Heyman told reporters at a press conference that an ongoing criminal investigation is examining why retired school teacher Dan Sullivan decided to run for the Senate this year. The lawsuit claims the sole purpose of the non-incumbent candidate’s run was to benefit Democratic nominee Mary Peltola by drawing votes away from the incumbent. Heyman noted that both civil and criminal investigations are underway with a surge of FBI resources.
The criminal probe accelerated following a newspaper report stating that aides to Peltola’s campaign and senior aides at the Democratic Senatorial Campaign Committee helped recruit the retired teacher. Both Peltola’s campaign and the DSCC deny any involvement in the retiree’s campaign, while Heyman declined to specify which criminal statute might have been violated.
Court Proceedings and Arguments
Judge Sharon Gleason maintained a fast track for efforts to dismiss the lawsuit, ordering the DOJ to respond to new dismissal motions after the department amended its complaint to add a Supremacy Clause claim alongside an initial claim under the National Voter Registration Act. Gleason set deadlines for state election officials and other groups to reply, keeping open the possibility of a ruling before Election Day.
The outcome of Alaska’s race could determine the Senate majority, as Republicans currently hold 53 seats in the 100-member chamber. Alaska employs a ranked-choice voting system, with Peltola and Sen. Sullivan considered the primary contenders.
State election officials, Peltola’s campaign, and other intervenors argued that the DOJ lacks legal authority to block certification simply because two candidates share a name. Peltola’s campaign stated in its dismissal motion that the U.S. Constitution leaves federal election regulation to states and Congress, while state officials argued the National Voter Registration Act does not govern the case.
