Federal prosecutors have asked a federal judge to mandate the segregation of ballots ranking an independent candidate in Alaska’s pivotal U.S. Senate contest, as authorities confirmed an expanding criminal investigation just days before Election Day.
The legal move from the U.S. Department of Justice centers on Daniel J. Sullivan Jr., a retired teacher whose presence on the ranked choice ballot alongside two-term incumbent Republican Sen. Dan Sullivan has ignited fierce national debate. The race between the incumbent senator and Democratic former U.S. Rep. Mary Peltola is widely viewed as one of a handful that could decide majority control of the Senate, NPR reported.
Alaska Assistant U.S. Attorney E. Bryan Wilson argued in a court filing that the federal government wants to isolate and retain all ballots ranking the second Sullivan to examine whether those selections were driven by voter confusion, according to NPR. Justice Department attorneys warned that there is a “substantial risk” that the namesake candidacy could mislead the electorate and harm election integrity.
State points to ballot secrecy protections
Attorneys representing the state of Alaska swiftly moved to dismiss the federal complaint, arguing that isolating the ballots would breach voter privacy rules. State lawyers explained that ballots are commingled in ballot boxes on Election Day, making it impossible for poll workers to separate ballots ranking the non-incumbent Sullivan without compromising ballot secrecy, NPR reported.
The state also noted that election officials had already taken clear measures to differentiate the two candidates on the ballot. The incumbent is listed as Dan S. Sullivan, an incumbent Republican, whereas the challenger appears as Daniel J. Sullivan Jr., with no party affiliation. State attorneys further maintained that Alaska’s ranked choice system reduces confusion by permitting voters to rank both candidates if they choose.
Federal criminal inquiry intensifies
Alaska U.S. Attorney Michael Heyman confirmed on Friday that federal investigators have conducted a criminal inquiry into the matter for several months. Heyman said a “significant surge of law enforcement assets” arrived in the state following reports that Peltola’s campaign was tied to recruiting the second candidate, according to NPR. Al Jazeera reported that Heyman described the effort as an orchestrated conspiracy to field a sham contender.
The controversy accelerated after The New York Times reported that people tied to the Peltola campaign and the Democratic Senatorial Campaign Committee coordinated a “ballot composition project” aimed at diluting votes for the incumbent. Peltola has adamantly denied any wrongdoing. “I am not interested in tricking voters,” Peltola said during a campaign appearance in Juneau. She told television station KTUU that she had “no idea” if any former staff member was involved in recruiting the second Sullivan.
President Donald Trump stated during a rally in Florida that he directed the Justice Department to file the civil suit and insisted that both Peltola and the second Sullivan ought to face prosecution, NPR reported. A person familiar with the investigation told The Associated Press that federal prosecutors issued dozens of grand jury subpoenas and record preservation notices this week, while Alaska Republican Gov. Mike Dunleavy directed state officials to conduct their own inquiry.
Independent campaign spending draws scrutiny
The Alaska race has also seen heavy spending from outside political action committees targeting the contest from multiple angles. CNN reported that political action committees linked to Wisconsin consultant Thomas Datwyler have spent more than $3.75 million promoting conservative drywall contractor Gerald Heikes while attacking Sen. Sullivan from the right.
Heikes told The New York Times that an unnamed man had urged him to join the race. CNN reported that the outside groups took advantage of campaign finance reporting deadlines that allow donors to remain secret until after Election Day.
The federal judge handling the Justice Department’s civil suit has been asked to issue a ruling on the ballot segregation request by Monday.
