The Justice Department asked a federal judge Friday to preserve certain Alaska Senate ballots as prosecutors intensified a criminal investigation involving a candidate sharing the Republican incumbent’s name.
The extraordinary developments come days before Tuesday’s ranked-choice election between Republican Sen. Dan Sullivan, Democrat Mary Peltola and two additional candidates.
At the center of the controversy is Daniel J. Sullivan Jr., a retired Petersburg teacher running without a party affiliation against Republican incumbent Dan S. Sullivan.
The Justice Department wants Alaska election officials to preserve and segregate ballots ranking Daniel J. Sullivan so investigators can determine whether voters mistakenly selected him.
Assistant U.S. Attorney E. Bryan Wilson argued that the government needs those ballots preserved in case an investigation into possible voter confusion becomes necessary.
President Donald Trump has publicly called for Peltola and Daniel J. Sullivan to be prosecuted, although the existence of a criminal investigation does not establish wrongdoing by either individual.
Republican Gov. Mike Dunleavy has separately ordered Alaska authorities to investigate whether the circumstances surrounding Daniel J. Sullivan’s candidacy violated state law.
Federal attorneys contend there is a “substantial risk” Daniel J. Sullivan’s presence could mislead voters and potentially undermine confidence in the election process.
The government asked the court to rule on its request by Monday, one day before voters finish casting ballots in the nationally watched Senate contest.
Alaska officials strongly disputed the government’s proposal, arguing that ballots become commingled and cannot practically be separated according to candidate preference without compromising ballot secrecy.
State attorneys also noted that segregating ballots would not reveal why individual voters ranked Daniel J. Sullivan or establish that anyone had mistakenly selected him.
Election officials say the ballot clearly distinguishes the candidates by listing the incumbent as “Dan S. Sullivan,” Republican and incumbent, and his challenger as “Daniel J. Sullivan Jr.”
The state further argues that ranked-choice voting reduces potential confusion because voters can rank both Sullivan candidates rather than being restricted to choosing only one.
The ballot dispute is unfolding alongside a separate criminal investigation that Alaska’s top federal prosecutor publicly confirmed Friday.
U.S. Attorney Michael Heyman said investigators have been examining the matter for months, although recent reporting produced a major escalation in federal law-enforcement activity.
Heyman said revelations concerning alleged efforts by people associated with Peltola’s campaign to recruit Daniel J. Sullivan resulted in a “significant surge of law enforcement assets to Alaska.”
He declined to identify potential criminal targets, possible charges or specific investigative steps but encouraged people possessing relevant information to contact federal authorities.
Federal prosecutors have issued dozens of grand jury subpoenas and preservation requests as investigators examine circumstances surrounding Daniel J. Sullivan’s candidacy, according to reporting by the Associated Press.
CBS News separately reported that subpoenas targeted several Democratic officials believed to have connections to the alleged candidate-recruitment effort.
No candidate, campaign official or Democratic Party organization involved in the controversy has been charged with a crime.
The controversy accelerated after The New York Times reported that individuals associated with Peltola’s political operation discussed finding candidates capable of drawing votes away from Sullivan.
Peltola has denied knowing about an effort to recruit Daniel J. Sullivan and said Thursday that she had no interest in deceiving Alaska voters.
Asked Friday whether someone associated with her campaign could nevertheless have participated, Peltola said, “I have no idea. I honestly have no idea.”
The Democratic Senatorial Campaign Committee has also denied participating in an effort to manipulate the ballot, while Daniel J. Sullivan has denied running at Democrats’ direction.
Justice Department officials acknowledged Thursday that they were not aware of confirmed instances in which an Alaska voter mistakenly voted for Daniel J. Sullivan while intending to support the incumbent.
One Petersburg businessman who donated to Daniel J. Sullivan told the Associated Press that an FBI agent questioned him about whether the candidacy had misled him.
The businessman said he had not been confused and told the news organization that residents knew which Sullivan was the incumbent senator.
The Justice Department is simultaneously pursuing a civil lawsuit that could prevent Alaska from certifying the Senate results under certain circumstances if the Republican incumbent loses.
This article may contain commentary which reflects the author’s opinion.
