Alaska Senate Race: Justice Department Sues Over Second Candidate Named Sullivan

The Justice Department has sued to delay certification of Alaska's Senate race.

President Donald Trump's administration filed the suit last week to prevent certification of a possible victory for Democrat Mary Peltola until a court determines if voters were confused by a third candidate named Sullivan. Republican Sen. Dan Sullivan faces three challengers on the final ballot, including Peltola, a former House member, and Daniel J. Sullivan Jr., a retired school teacher who has barely campaigned. The New York Times reported this week that internal campaign texts showed the Peltola campaign recruited the second Sullivan. Following that report, Trump called for Peltola's prosecution, and the Justice Department issued subpoenas in a criminal investigation.

The Justice Department's action is part of a broader pattern of political investigations. The department has historically avoided overt investigative actions within 60 days of an election, but recent weeks have seen increased activity in politically sensitive matters, including a search of Democratic Rep. Ilhan Omar's home. The Justice Department said Wednesday it is "following the facts and the law, not anyone's political timetable." Justin Levitt, a Justice official during the Biden administration, said such tactics are common. "It may be distasteful, but it happens all the time," said Levitt, a law professor at Loyola Marymount University in Los Angeles. "There is no behavior that has been disclosed that is in violation of federal law."

The tactic of running candidates with similar names is not new. In 2020, a Democratic state senator in Florida named Jose Javier Rodriguez faced a challenge from a Republican and another candidate named Alex Rodriguez. The second Rodriguez received 6,382 votes as an independent, and the Democratic Rodriguez lost his seat by 32 votes. A Republican former state senator, Frank Artiles, was later convicted of illegal campaign contributions and falsifying a candidate form for his role in helping the second Rodriguez run. Artiles was sentenced to 60 days in jail. The Republican victor, Ileana Garcia, denied any knowledge of Artiles' scheme and remains in the seat.

The Trump political operation has used similar tactics in other races. In Ohio's Senate race, a group tied to the president's operation is urging voters to support a socialist candidate to pull votes from the Democrat challenging the state's Republican incumbent. In Nevada, a political operation with ties to Republicans is boosting an independent candidate for governor named Danielle Ford, who shares a last name with the Democratic candidate challenging the state's GOP governor. In the 2020 presidential race, Trump's allies tried to recruit Kanye West onto the ballot as a third-party candidate.

Jason Torchinsky, a Republican campaign finance attorney and former Justice Department official, said the Times report pointed to possible crimes involving the financing of the operation to run the second Sullivan. He argued that Alaska's ranked-choice voting system is particularly prone to manipulation. Anyone who pays a $100 filing fee can end up on a lengthy primary ballot, and the top four finishers advance to November, where voters can rank three of them. "This is just Exhibit A for how ranked-choice voting systems can be manipulated by various actors," said Torchinsky.

Defenders of Alaska's voting system contend it is harder to manipulate because voters can rank both Sullivans and not Peltola. Sullivan's campaign is urging Alaskans to do that. Republicans have supported trying to repeal the system through a ballot measure this election.

The Department of Justice has faced criticism for its actions. Critics say Trump has used the department to target his political adversaries. In states with more traditional voting methods, a vote for a third-party candidate is one fewer for a Democrat or Republican. This is why many Republicans are concerned about Libertarian candidates pulling votes from their Senate candidates this year, and why the party often advocates for Green Party candidates seeking ballot access.

David Becker, executive director of the Center for Election Innovation and Research in Washington, said he expects a judge will soon reject the Justice Department's lawsuit seeking to stop certification if Sen. Sullivan does not win. Becker said, "If both parties wanted to come together in Congress and try to figure out a way to regulate these kinds of things so that neither party does them and they constantly do them both, that wouldn't be the worst thing in the world."