DOJ Seeks Court Order to Isolate 1,200 Alaska Ballots

The U.S. Department of Justice requested a court order on Friday to segregate specific ballots in Alaska to examine potential voter confusion.

Federal officials simultaneously confirmed the existence of a criminal investigation into a Senate race where a Democratic candidate shares a name with the Republican incumbent. The developments emerged just before Tuesday’s general election, a contest between two-term Senator Dan Sullivan and former Representative Mary Peltola that is expected to influence control of the Senate.

The dispute centers on Dan J. Sullivan, a retired teacher and boat dealer from Petersburg who appears on the ballot. The New York Times recently reported that Peltola’s campaign appeared to recruit him. Alaska U.S. Attorney Michael Heyman stated the investigation has continued for several months but saw a surge in law enforcement resources following the news reports. He declined to identify specific targets or crimes but asked the public for tips.

In a separate civil lawsuit filed last week, the Justice Department asked a judge to preserve all ballots ranking Daniel J. Sullivan. Assistant U.S. Attorney E. Bryan Wilson argued the government needs to investigate whether voters confused the challenger with the incumbent. A boat dealer in Petersburg told the Associated Press that an FBI agent visited his business to ask if he had been misled by the candidacy. He said he was not misled and noted that everyone knows who the incumbent is.

State attorneys responded that segregating ballots is difficult because votes are commingled in ballot boxes on Election Day. They argued that separating ballots would violate secrecy protections and would not reveal why a voter chose a specific candidate. The state asked the judge to dismiss the case, noting that officials already distinguished the two candidates on the ballot by listing the senator as Dan S. Sullivan and the challenger as Daniel J. Sullivan Jr. with no party affiliation.

The Justice Department has asked for a decision by Monday. Federal prosecutors issued dozens of grand jury subpoenas and preservation requests this week. President Donald Trump, who attended a rally in Florida on Friday, said Peltola and Dan J. Sullivan should be prosecuted. He told U.S. Attorney General Todd Blanche to make his own decision, and Blanche agreed.

Peltola denied knowledge of the recruitment effort in an interview with KTUU, stating she has no idea if someone on her campaign was involved. She said she is deeply offended by the accusations and does not need help from others to win the race. The Alaska Democratic Party also sued state elections officials over absentee voting sites, alleging some did not open as advertised in rural areas.