ANCHORAGE, Alaska — The U.S. Department of Justice pushed Friday for a court order to isolate certain Alaska ballots to investigate potential voter confusion, while federal officials confirmed the existence of a criminal probe over a Senate candidate who shares a name with the Republican incumbent.
The dueling developments came days before Tuesday's ranked choice general election, in a race headlined by two-term Republican Sen. Dan Sullivan and Democratic former U.S. Rep. Mary Peltola. The race is among a handful nationwide expected to determine control of the Senate.
Alaska U.S. Attorney Michael Heyman told reporters in Anchorage that the investigation has been ongoing for several months, but recent revelations from The New York Times that Peltola's campaign appeared to be involved in recruiting retired teacher Dan J. Sullivan have resulted in a "significant surge of law enforcement assets to Alaska."
Separately, the Justice Department — as part of a lawsuit it filed last week — asked a judge to order that state elections officials isolate ballots ranking Dan J. Sullivan to investigate potential voter "confusion" with the senator. The owner of a boat dealership in the candidate's hometown of Petersburg who had donated to his campaign told The Associated Press that an FBI agent visited the business and wanted to know whether he had been misled by Dan J. Sullivan's candidacy. He said he had not and that "Everybody knows who the incumbent is."
Alaska Assistant U.S. Attorney E. Bryan Wilson, in a filing, said the government "seeks to preserve and segregate all ballots ranking Daniel J. Sullivan for the purposes of investigating whether such ranking was the product of voter confusion, should such an investigation become necessary."
The Department of Justice also filed with the court a list of proposed questions it seeks to compel the Peltola campaign and the Democratic Senatorial Campaign Committee to answer as part of the civil case seeking to block certification of the Senate race if the incumbent loses. President Donald Trump has said he told the department to file the case.
State elections officials made efforts to distinguish the two Sullivans on the ballot
Peltola denied Thursday that she knew anything about the effort to put Dan J. Sullivan on the ballot: "I am not interested in tricking voters," she said.
Democrats, including the DSCC, have repeatedly denied that they were involved in any campaign trick. Dan J. Sullivan has long denied he was running at Democrats' behest.
The request to segregate the ballots in Alaska comes after the 9th U.S. Circuit Court of Appeals rejected the Justice Department's request for California to set aside disputed ballots received in the midterm election sent to some 20,000 people the administration contends may not be U.S. citizens. California officials argued the list is highly unreliable and most likely includes many people who are U.S. citizens.
Justice Department attorneys in the Alaska case said there is a "substantial risk" that Dan J. Sullivan's candidacy "will mislead voters and ultimately result in an electoral process that lacks integrity."
"To guard against this danger, the United States seeks an order directing Defendants to preserve and segregate all ballots ranking Daniel J. Sullivan for the purposes of investigating whether such ranking was the product of voter confusion, should such an investigation become necessary," the filing states. It requests a decision by Monday.
Attorneys for the state in response questioned how segregation would be possible, writing that voters' ballots are commingled in the ballot box on Election Day and that election workers couldn't segregate ballots ranking Dan J. Sullivan without violating ballot secrecy protections. Ballots segregated or not wouldn't reveal any voter's reason for voting for Dan J. Sullivan, they said.
They have asked a judge to dismiss the case and said Alaska elections officials already took steps to distinguish the two Sullivans on the ballot. The senator is listed as Dan S. Sullivan, Republican and incumbent, while the challenger is listed as Daniel J. Sullivan Jr., with no party affiliation. That's also how they appeared on the August open primary ballot.
Attorneys for the state also have argued that Alaska's ranked voting system further addresses concerns about potential confusion by allowing voters to rank both Sullivans.
Timing of Justice Department announcements unusual
Heyman on Friday would not say what potential crimes authorities are looking into or the targets of the probe, but asked members of the public to come forward with tips that could help investigators.
It's highly unusual for Justice Department officials to publicly discuss a criminal investigation or even confirm its existence. The timing of the press conference is particularly notable given the Justice Department has had a longstanding practice of avoiding taking public steps in the weeks leading up to an election that could be perceived as attempting to influence a political outcome.
Trump during a rally late Friday in Florida said Peltola and Dan J. Sullivan should be prosecuted. He noted U.S. Attorney General Todd Blanche was in attendance and said, "He's going to make his own decision."
Trump, then addressing Blanche directly, said of decisions regarding the case, "Todd, please make your own," and watched Blanche's response.
Trump added: "OK, he said 'yes.'"
Peltola, at a campaign rally in Anchorage late Friday, said she is "so deeply offended by these accusations about having any involvement with anyone else's candidacy." She said she doesn't need any help in winning the race outside of the support of voters.
She was asked before the rally if it was possible that someone on her campaign was involved in recruiting Dan J. Sullivan: "I have no idea," she told KTUU. "I honestly have no idea."
The Times story revealing the potential recruitment of Dan J. Sullivan was based partly on interviews with a former campaign manager, Elisa Rios, who was fired before the August primary. Asked about Rios by the station, Peltola said certain people are "gone for a good reason. If I could fire them again, I'd be happy to fire them again."
Federal prosecutors this week issued dozens of grand jury subpoenas and requests to preserve records, a person familiar with the matter told The Associated Press.
Republican Alaska Gov. Mike Dunleavy said, following The New York Times' reporting, that he'd ordered an investigation into whether any violations took place.
Meanwhile, the Alaska Democratic Party has sued state elections officials, alleging absentee in-person voting sites did not open as advertised in some rural communities. The director of the Division of Elections in a letter dated Monday said the agency signs agreements with local or tribal offices to operate the sites and that most of the 18 highlighted had opened. A message seeking comment from the state Department of Law was not immediately returned.
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