DOJ asks court to hold separate ballots for one of two Sullivans in Alaska Senate race

Federal prosecutors asked a judge on Friday to order Alaska election officials to set aside every ballot that ranks Daniel J. Sullivan, a boat dealer from Petersburg, as a potential candidate for U.S. Senate. The request comes just two days before the ranked choice general election on Tuesday.

The move follows a criminal probe that U.S. Attorney Michael Heyman said has been ongoing for several months. Heyman told reporters in Anchorage that recent reports from The New York Times, which suggested the Democratic campaign of former Representative Mary Peltola helped recruit Sullivan, caused a surge of law enforcement assets to the state. Federal officials issued dozens of grand jury subpoenas this week to preserve records.

The Justice Department filed a lawsuit last week seeking to block the certification of the Senate race if the incumbent loses. In the filing, Assistant U.S. Attorney E. Bryan Wilson wrote that the government wants to preserve and segregate all ballots ranking Sullivan to investigate whether the votes resulted from voter confusion. The filing states there is a substantial risk that the candidate’s name will mislead voters.

State attorneys responded by questioning how segregation would work. They noted that ballots are commingled in boxes on Election Day and that separating them might violate ballot secrecy rules. The state asked a judge to dismiss the case, pointing out that election officials already distinguished the two men on the ballot. The incumbent is listed as Dan S. Sullivan, a Republican, while the challenger is listed as Daniel J. Sullivan Jr., with no party affiliation.

Peltola denied knowing about the effort to place Sullivan on the ballot. She told a crowd in Anchorage late Friday that she is deeply offended by the accusations. When asked if someone on her staff might have been involved, she said, “I have no idea.” She added that certain people are gone for a good reason.

President Donald Trump spoke with U.S. Attorney General Todd Blanche at a rally in Florida on Friday. Trump said he told the department to file the case and asked Blanche to make his own decision about prosecuting Peltola and Sullivan. Blanche agreed to the point.

The Justice Department requested a decision by Monday on its motion to segregate the ballots. This follows a similar attempt in California, where the 9th U.S. Circuit Court of Appeals rejected a request to set aside disputed ballots.