Unnamed sources say federal investigators are examining recruitment of a candidate who shares Republican Senator Dan Sullivan’s name. A separate lawsuit seeks to block certification if the incumbent narrowly loses.
The US Department of Justice has issued subpoenas concerning recruitment of a second Sullivan candidate in Alaska’s Senate race, ABC News said on October 29, citing unnamed sources familiar with the matter. The Guardian relayed that account the same day.
The subpoenas target Democratic Party officials believed to be connected to recruiting Daniel J. Sullivan, a retired Petersburg teacher, the unnamed sources said. He is distinct from incumbent Republican Senator Dan S. Sullivan, who faces Democratic challenger Mary Peltola. Federal prosecutors are examining whether the effort to put the teacher on the ballot could violate federal conspiracy laws, ABC News said, citing sources.
The ballot dispute predates the subpoenas. Before the August primary, The Alaska Division of Elections sought to exclude Dan J. Sullivan, saying he had filed to confuse or mislead voters. The Alaska Supreme Court rejected that exclusion and ordered him onto the ballot.
The New York Times said in an October 28 report that Peltola’s campaign led recruitment of the second Sullivan, allegedly to confuse voters intending to support the incumbent. The campaign had denied involvement for months. The Times said its account drew on 12 sources, text messages and documents allegedly showing involvement by campaign members, Peltola’s lawyers and senior Democratic Senatorial Campaign Committee aides.
Peltola denied the allegation, Alaska Public Media said. Her campaign committee, Alaskans for Mary, said through a spokesperson on October 28 that it had no involvement with either Sullivan campaign. The Democratic Senatorial Campaign Committee also denied involvement with Dan J. Sullivan.
Mike Dunleavy directs state investigators to examine possible election-law violations, adding a separate inquiry to a federal lawsuit seeking a conditional delay in certifying the Senate result.
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The Petersburg Sullivan had previously denied links to Peltola’s campaign, Alaska Public Media said. Loyola Law School professor and former Justice Department attorney Justin Levitt told the outlet that the facts described by the Times did not appear to indicate a federal crime. Persuading someone to run violated no law he knew of, he said.
Alaska’s Republican governor, Mike Dunleavy, ordered a separate state investigation on October 28, Alaska Public Media said. He directed the Alaska Department of Public Safety to examine whether the recruitment effort violated state law and whether criminal charges or civil penalties were warranted.
The Justice Department’s separate civil lawsuit, filed on October 22, remains pending in federal court. It seeks an order blocking Alaska from certifying—formally confirming—the Senate result if Senator Sullivan narrowly loses. President Donald Trump said the previous week that he had directed the department to sue to block certification if Sullivan did not win.
The department alleges that certifying a result affected by confusion between the candidates would violate the National Voter Registration Act, Democracy Docket’s case summary says. It asks the court to block certification of any potentially affected result pending an investigation into whether votes for Daniel J. Sullivan were intended for the senator.
The Alaska election board has sought dismissal. Alaskans for Mary and the Democratic Senatorial Campaign Committee have also sought dismissal and were allowed to join the case as defendants. ABC News said on October 29 that a federal judge was expected to rule on the lawsuit in the coming days.
The department alleges that a same-name independent candidate could confuse voters and asks a federal judge to delay certification for an investigation into voter intent.
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