Simultaneous civil and criminal investigations launched over Alaska Dem ballot-stacking allegations
DOJ launches criminal probe into Alaska Senate race
The U.S. Justice Department has escalated its criminal investigation into the competitive Alaska Senate race by issuing at least three dozen subpoenas to Democratic nominee Mary Peltola’s campaign offices. The federal updates follow a revised civil lawsuit filed by the Trump administration on Thursday, which alleges that Democratic operatives intentionally misled a federal court regarding their involvement in recruiting an independent candidate named Daniel J. Sullivan Jr. to siphon votes from incumbent Republican Sen. Dan S. Sullivan. U.S. District Judge Sharon Gleason on Friday fast-tracked the briefing schedule for state officials and Peltola's campaign, who are seeking to throw out the federal government's request to block or delay election certification if the incumbent senator loses the toss-up contest.
The top federal prosecutor in Alaska confirmed Friday that both a civil and criminal investigation have begun into allegations of Democratic efforts to recruit a man named Dan Sullivan to run against the existing incumbent Republican senator to potentially confuse voters.
Big picture view:
U.S. Attorney Michael J. Heyman for the district of Alaska held a news conference saying a preliminary injunction would be filed on the civil side for "expedited discovery" by Monday to freeze ballots and assess voter deception, just a day before the election.
"Every Alaskan deserves a fair election and they’re going to get one," Heyman told reporters, adding that recent reporting from The New York Times revealed "troubling new revelations."
Heyman said the pair of investigations were occurring "simultaneously and within their own lanes."
"The civil lawsuit is publicly faced and is focused on preserving the ballots versus the criminal investigation on the other side," he said. The civil investigation is focused on protecting ballots under the National Voter Registration Act.
The backstory:
Alaska's ballot for the U.S. Senate seat will feature incumbent Republican Senator Daniel S. Sullivan, Democratic challenger Mary Peltola, a former U.S. House member for Alaska, a retired teacher whose name is also Daniel Sullivan, and a fourth long-shot candidate.
Earlier this week, a report from the New York Times claimed Peltola's aides worked with the campaign's lawyers and senior staff at Senate Democrats' campaign arm to recruit the retired teacher, known as Dan J. Sullivan, to run.
Voters wait in line to cast their ballots past a "Polling Place Here" sign at a polling location inside the Midtown Mall during early voting for the midterm election in Anchorage, Alaska, US, on Tuesday, Oct. 27, 2026. The Trump administration is sui
The retiree has denied allegations that Democrats asked him to run and said he has had "zero, none, zilch" contact with Peltola’s campaign.
Last week, the Trump administration asked a federal court to block certification of the Senate race if the Republican incumbent loses the election. The lawsuit, filed Oct. 22 by the Department of Justice, argues the state should be barred from certifying a Democratic win if Daniel J. Sullivan, a previously unknown candidate, is allowed to stay on the ballot. DOJ lawyers say federal law obligates states to safeguard the integrity of federal elections.
The race is considered pivotal in the GOP battle to keep Senate control. Though Daniel J. Sullivan entered the race without a party designation, Republicans have accused him of being a Democratic plant intended to siphon votes from the incumbent.
Alaska does have a ranked-choice voting system which does allow voters to select both candidates on a ballot if they are confused.
What they're saying:
Heyman said Alaskan voters should vote for who they intend to support and that officials are "working to make sure it counts how you intended."
Heyman said when credible information comes out they will act on it, and they’ve already received a number of new pieces of information in the last few hours.
"We will not let anyone or any group undermine this election," he stressed.
Former Rep. Mary Peltola, D-Alaska, who is running for Senate, has denied allegations that she tried to recruit an Alaskan citizen named Dan Sullivan to run against Republican Sen. Dan Sullivan, her main rival.
"I just want to clear the air," she said at a campaign rally in Juneau, Alaska’s capital. "I knew nothing about any other candidate on the ballot except for me and the incumbent. That is all I have ever known about. I am not interested in tricking voters."
But some legal experts have said the Justice Department’s lawsuit is weak because the U.S. Constitution delegates the responsibility for administering elections to state governments rather than the federal government. University of Kentucky law professor Joshua Douglas told Reuters that claims that Democrats helped recruit Daniel J. Sullivan to serve as a "spoiler" in the race likely would not help the Justice Department’s case.
"Regardless of who encouraged him to run, the second Dan Sullivan validly qualified for the ballot. And this is a matter of state law," Douglas said.
Peltola's campaign lawyers have asked U.S. District Judge Sharon Gleason to dismiss the Justice Department's lawsuit, arguing the federal government lacks the required legal authority to bring the case.
What's next:
It is not clear how soon Gleason might decide on whether to dismiss the lawsuit. However, that decision could come as early as Saturday.
Early voting continues through Monday, depending on the voting district; some areas allow voting on Saturday and Sunday.
Election Day is Tuesday.
The Source: Information for this story came from the Associated Press, Reuters, the Alaska Division of Elections and previous FOX News reporting. This story was reported from Orlando.