Justice Dept. Sues Over Alaska Ballot

The Justice Department has filed a lawsuit to block the certification of a potential Democratic victory in Alaska, a move that places the federal government in direct conflict with a state election race. This legal action follows a criminal investigation into whether voters were confused by the presence of two candidates with the same name on the final ballot.

The dispute centers on Senate candidate Mary Peltola, a former state House member, and Republican incumbent Dan Sullivan. Sullivan is facing three other challengers in a race that will determine control of the U.S. Senate. Among them is Daniel J. Sullivan Jr., a retired school teacher who has campaigned minimally. Alaska Republicans have long suspected the younger Sullivan is a strategic addition to the ballot intended to split the vote.

The New York Times reported this week that internal communications show the Peltola campaign recruited Daniel J. Sullivan Jr. Based on this reporting, President Donald Trump called for the Democrat to be prosecuted. The Justice Department has issued multiple subpoenas as part of the ongoing criminal probe.

Peltola and the Democratic Senatorial Campaign Committee have both denied involvement in the scheme. They maintain that the process was legitimate and that the presence of a second Sullivan does not constitute a violation of federal law.

Critics argue that the administration is using the Justice Department as a tool for political intervention. They point to a surge in investigative activity in the 60 days preceding the election, a period when the department has historically avoided overt actions. The search of Rep. Ilhan Omar’s home is one example of this recent activity. The Justice Department stated on Wednesday that it is following the facts and the law rather than a political timetable.

Justin Levitt, a law professor at Loyola Marymount University and former Biden administration official, questioned the novelty of the tactic. He noted that recruiting spoiler candidates is a common practice in American politics. Levitt stated that while the behavior may be distasteful, it happens frequently and no specific violation of federal law has been disclosed.

The practice of using candidates with identical names has a long history. In 1946, supporters of John F. Kennedy recruited a janitor with the same name as a four-term Boston city councilman to run against him in a Democratic primary. More recently, in the 2020 Florida state Senate race, a Democrat named Jose Javier Rodriguez lost his seat by 32 votes to a Republican after a separate candidate named Alex Rodriguez won 6,382 votes as an independent. A former Republican state senator was later convicted and sentenced to 60 days in jail for his role in that scheme.

Jason Torchinsky, a former Justice Department official, said the current investigation points to possible crimes involving the financing of the second Sullivan’s campaign. He argued that Alaska’s ranked-choice voting system makes manipulation easier because any candidate who pays a $100 filing fee can appear on a lengthy primary ballot. In traditional systems, candidates must secure a party nomination or thousands of signatures.

Defenders of Alaska’s voting system contend that it is resilient because voters can rank multiple candidates. Sullivan’s campaign is urging voters to rank both Sullivans above Peltola. Republicans are also trying to repeal the system via a ballot measure in this election. David Becker, executive director of the Center for Election Innovation and Research, expects a judge to reject the Justice Department’s lawsuit as frivolous if Sullivan does not win.