Justice Department asks court to hold Alaska ballots for Senate race

The U.S. Department of Justice asked a federal judge on Friday to isolate specific ballots in Alaska. The request targets votes cast for a Senate candidate who shares a first name with the Republican incumbent.

The move comes four days before the ranked choice general election. The race features two-term Republican Sen. Dan Sullivan and Democratic former U.S. Rep. Mary Peltola. This contest is one of a few expected to determine which party controls the Senate.

Alaska U.S. Attorney Michael Heyman told reporters in Anchorage that a criminal investigation has been ongoing for several months. He said recent reports from The New York Times caused a surge of law enforcement assets to the state. Those reports suggested Peltola's campaign helped recruit retired teacher Dan J. Sullivan for the ballot.

In a separate civil lawsuit filed last week, the Justice Department asked a judge to order state elections officials to segregate ballots ranking Dan J. Sullivan. Assistant U.S. Attorney E. Bryan Wilson wrote that the government wants to preserve these ballots to investigate potential voter confusion. Wilson stated the goal is to determine if the ranking resulted from voters mistaking the challenger for the senator.

The filing also includes a list of proposed questions. The Department of Justice wants the Peltola campaign and the Democratic Senatorial Campaign Committee to answer these questions. The civil case seeks to block certification of the Senate race if the incumbent loses. President Donald Trump said he instructed the department to file the case.

State attorneys filed a response questioning how segregation would work. They noted that ballots are mixed in the box on Election Day. They argued that separating ballots without violating secrecy protections is difficult. They also pointed out that segregated ballots would not reveal why a voter chose Dan J. Sullivan.

Elections officials already listed the two candidates distinctly on the ballot. The senator appears as Dan S. Sullivan, Republican and incumbent. The challenger appears as Daniel J. Sullivan Jr., with no party affiliation. State attorneys argued that the ranked voting system allows voters to rank both men, which reduces confusion. They asked the judge to dismiss the case.

Heyman did not specify what crimes are under investigation or name targets. He asked the public to provide tips. The timing of the announcement is unusual because the Justice Department typically avoids public steps in the weeks before an election. Trump said at a rally in Florida that Peltola and Dan J. Sullivan should be prosecuted. He said Attorney General Todd Blanche would make his own decision on the case.

Peltola denied knowing about the effort to put Dan J. Sullivan on the ballot. She told reporters in Anchorage that she is not interested in tricking voters. She said certain people on her team are gone for a good reason. Federal prosecutors issued dozens of grand jury subpoenas this week. Gov. Mike Dunleavy ordered an investigation into potential violations after the news reports surfaced.

The Justice Department requested a court decision by Monday. A boat dealership owner in Petersburg, who donated to Dan J. Sullivan's campaign, told the Associated Press that an FBI agent visited his business. The agent asked if he had been misled by the candidacy. The owner said he had not and noted that everyone in the town knows who the incumbent is.