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Edificio federal en Anchorage con montañas nevadas al fondo y una urna electoral en primer plano
Imagen alusiva a un edificio federal en Alaska y una urna electoral, en ambiente invernal. · Imagen generada por EPM

Justice Department seeks to isolate Alaska ballots amid criminal probe

The Justice Department asked to segregate ballots ranking Daniel J. Sullivan to investigate possible voter confusion, while U.S.

--- The context --- Alaska's general election on Tuesday will be decided by ranked choice voting between Republican Senator Dan Sullivan, who has served two terms, and Democrat Mary Peltola. The race is among a handful nationwide expected to determine control of the Senate, and it reaches its final days under both a civil lawsuit and a criminal probe involving another candidate whose name is nearly identical to the incumbent's. Two different Sullivans appear on the ballot. The senator is listed as Dan S. Sullivan, Republican and incumbent, while the other aspirant is listed as Daniel J. Sullivan Jr., with no party affiliation. State attorneys say that same distinction was already used on the August open primary ballot, and the ranked voting system allows each voter to rank both men if that is their choice. --- The facts --- The Justice Department, as part of a civil lawsuit it filed last week, asked a judge on Friday to order state elections officials to isolate and segregate all ballots ranking Daniel J. Sullivan, in order to investigate whether such ranking was the product of voter confusion should such an investigation become necessary. The filing, signed by Assistant U.S. Attorney E. Bryan Wilson, requests a decision by Monday and argues that there is a substantial risk the candidacy will mislead voters and produce an electoral process that lacks integrity. Separately, Alaska U.S. Attorney Michael Heyman told reporters in Anchorage that a criminal investigation into the matter has been ongoing for several months. Heyman said recent revelations that Peltola's campaign appeared to be involved in recruiting retired teacher Dan J. Sullivan resulted in a significant surge of law enforcement assets to Alaska. This week, federal prosecutors also issued dozens of grand jury subpoenas and requests to preserve records. The reporting on the possible recruitment was based partly on interviews with a former campaign manager, Elisa Rios, who was fired before the August primary. After that reporting, Republican Governor Mike Dunleavy said he had ordered an investigation into whether any violations took place. Heyman would not say what potential crimes authorities are looking into or the targets of the probe, and he asked members of the public to come forward with tips that could help investigators. --- The positions --- Attorneys for the state questioned how segregation would even be possible, writing that voters' ballots are commingled in the ballot box on Election Day and that election workers could not segregate ballots ranking Dan J. Sullivan without violating ballot secrecy protections. They added that, segregated or not, those ballots would not reveal any voter's reason for voting as they did, asked a judge to dismiss the case, and pointed to the steps officials already took to distinguish the two Sullivans on the ballot. Peltola denied on Thursday that she knew anything about the effort to put Dan J. Sullivan on the ballot and conveyed, in indirect terms, that she is not interested in tricking voters. Democrats, including the party's Senate campaign committee, have repeatedly denied involvement in any campaign trick, and Dan J. Sullivan has long denied he was running at Democrats' behest. President Donald Trump has said he told the department to file the civil case, which seeks to block certification of the Senate race if the incumbent loses. At a rally in Florida late Friday, Trump argued that Peltola and Dan J. Sullivan should be prosecuted, noted that U.S. Attorney General Todd Blanche was in attendance, and said Blanche would make his own decision; addressing him directly, he asked him to decide for himself and then added that Blanche had answered affirmatively. Peltola, at a rally in Anchorage late Friday, said she was deeply offended by the accusations, said she needs no help beyond voters' support, and, when asked whether someone on her campaign could have been involved in recruiting Dan J. Sullivan, replied that she honestly had no idea. --- What remains unknown --- What remains unknown includes the specific crimes under examination and the targets of the probe, because the prosecutor disclosed neither. Nor is it established what real links existed between the namesake candidacy and any campaign, or how the judge will rule before Monday without compromising ballot secrecy. The immediate precedent does not favor the department: the 9th U.S. Circuit Court of Appeals rejected its request for California to set aside disputed ballots sent to some 20,000 people the administration contends may not be U.S. citizens, while California officials argued the list is highly unreliable and most likely includes many citizens. In parallel, the Alaska Democratic Party has sued state elections officials, alleging that absentee in-person voting sites did not open as advertised in some rural communities. The director of the Division of Elections replied in a letter dated Monday that the agency signs agreements with local or tribal offices to operate the sites and that most of the 18 highlighted sites had opened. A message seeking comment from the state Department of Law was not immediately returned. --- Unanswered questions --- What specific crimes and which targets does the criminal probe that the prosecutor confirmed actually involve? How could commingled ballots be segregated without violating the ballot secrecy that protects every voter? What will the dozens of grand jury subpoenas and the preserved records establish about the origin of Daniel J. Sullivan's candidacy? Will federal intervention days before the election strengthen or weaken Alaska voters' confidence in the process? --- EPM analysis --- The case joins two legitimate tensions: the integrity of a ballot carrying two nearly identical names, and the protection of ballot secrecy and effective access to voting, including in rural communities. It is highly unusual for Justice Department officials to publicly discuss a criminal investigation or even confirm its existence, and the timing is particularly notable given the department's longstanding practice of avoiding public steps in the weeks before an election that could be perceived as influencing a political outcome. That exceptional character requires every measure to be judged by its evidence and its effect on voters. 📌 EPM Take: In EPM's view, potential confusion between two candidates must be investigated rigorously, but no integrity measure can be paid for with ballot secrecy or with rural communities' access to the polls. The state already distinguished the Republican incumbent from the unaffiliated aspirant on the ballot, the preference system allows ranking both, and the requested segregation collides with ballots already commingled. The criminal probe should advance on verifiable evidence, with the judge deciding before Monday and with equal guarantees for every Alaska voter, without exceptions in this election.
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