DOJ Alaska Senate lawsuit adds allegations over second Sullivan candidacy
The Justice Department amended its Alaska Senate lawsuit, citing reported efforts to recruit a second Dan Sullivan as the state opens a separate inquiry.
By Theo Nakamura · Staff Writer
· 3 min read
The DOJ Alaska Senate lawsuit has expanded days before the Nov. 3 election, adding allegations that people connected to Democratic nominee Mary Peltola’s campaign and the Democratic Senatorial Campaign Committee helped recruit a second candidate named Dan Sullivan. The amended complaint does not decide the race, but it seeks to hold up certification under a specific set of circumstances if Republican Sen. Dan Sullivan loses.
The Justice Department amended its civil complaint after The New York Times reported that people in Peltola’s campaign and senior DSCC advisers had worked to recruit retired teacher Daniel J. Sullivan, according to CNBC. The DOJ alleged that the purpose was to draw votes from the Republican incumbent, who is also named Dan Sullivan.
The amended complaint further alleged that Peltola’s campaign and the DSCC had misled the federal court when they said they did not know why Daniel J. Sullivan entered the contest. Those are DOJ allegations based on the reported recruitment activity, not findings by a court.
Peltola’s campaign told CNBC that it had no involvement with either Sullivan campaign. CNBC reported that the DSCC had previously denied involvement in Daniel J. Sullivan’s campaign.
What would the DOJ Alaska Senate lawsuit delay?
The department is not asking a court to throw out Alaska’s election before ballots are counted. Its requested relief is conditional: It wants to prevent immediate certification if Sen. Sullivan loses by a margin that could have been affected by voters casting ballots for Daniel J. Sullivan because they confused the two candidates. The DOJ seeks an investigation in that event to determine whether votes for Daniel J. Sullivan were intended for the senator.
Daniel J. Sullivan is listed on the ballot as Daniel J. Sullivan Jr. and has no party affiliation, while the incumbent is identified as the Republican incumbent, according to Alaska election officials. The distinction is central to the state’s defense against the federal suit.
Alaska’s Department of Law has urged the court to dismiss the case, calling it legally baseless. The state argues that its ballot format distinguishes the candidates and says voters who remain uncertain can rank both Sullivans first and second under Alaska’s ranked-choice voting system. Under that system, voters rank candidates in order of preference, rather than choosing only one candidate.
The state had previously tried to keep Daniel J. Sullivan off the primary ballot over concerns that his candidacy could confuse voters. A state court overturned that decision, and the Alaska Supreme Court upheld the ruling that allowed him to run, CNBC reported.
What happens next in the Alaska Senate case?
Gov. Mike Dunleavy, a Republican, has directed the Alaska Department of Public Safety to investigate whether the alleged recruitment of Daniel J. Sullivan violated criminal or civil law. Dunleavy cited the Times reporting in ordering the inquiry. No conclusion from that investigation has been reported.
U.S. District Judge Sharon Gleason has accelerated briefing in the case. Peltola’s campaign, the DSCC, the League of Women Voters of Alaska, Common Cause and Alaska election officials have sought dismissal, according to CNBC and Alaska Public Media. The available reporting does not show that Gleason has ruled on the amended complaint or that any court has found the alleged coordination or voter confusion occurred.
This story draws on original reporting from CNBC.
