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Alaska Governor Orders Probe Into Senate Ballot Dispute

The state Department of Public Safety will review whether a second candidate named Dan Sullivan violated state laws.

By Marta Gray ·

Illustration for: Alaska Governor Orders Probe Into Senate Ballot Dispute
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Alaska is a nonpartisan election state where voters choose from all major candidates in a single general election. That unique system is now the center of a legal battle over a U.S. Senate race that could decide control of the chamber.

Governor Mike Dunleavy directed the state Department of Public Safety to investigate the candidacy of a non-incumbent named Dan Sullivan. The order came Wednesday night following a report by The New York Times. The investigation will determine if the scheme broke Alaska laws and if criminal or civil action is needed.

The dispute centers on two men named Dan Sullivan on the general election ballot. One is the Republican incumbent, Senator Dan Sullivan. The other is a non-incumbent candidate of the same name. Republicans have long alleged the second Sullivan is a spoiler intended to confuse voters and split the GOP vote. Democrats have denied involvement in his candidacy.

The New York Times reported that Democratic operatives tried to recruit the non-incumbent Sullivan. The story relied on interviews with attorneys and advisers for Democrat Mary Peltola. Peltola is a former congresswoman running to flip the seat. The report also cited communications from senior aides at the Democratic Senatorial Campaign Committee.

The timeline of the conflict began with Alaska’s nonpartisan primary. The top four vote-getters advanced to the general election ballot. The non-incumbent Sullivan secured a spot in that group. In June, the Alaska Supreme Court ruled he could appear on the ballot despite objections from state officials.

The New York Times published its findings on Thursday. The Peltola campaign and the DSCC reiterated their denial of the scheme. Peltola called the story a distraction while campaigning on Wednesday. The non-incumbent Sullivan did not respond to requests for comment. He has previously stated the decision to run was his own.

Republicans reacted quickly to the new reporting. Nate Adams, a spokesperson for Senator Sullivan, accused Peltola’s campaign of gaslighting Alaskans. He claimed they had been running a scheme all along. President Trump posted online that the situation represents voter fraud at the highest level.

The U.S. Department of Justice is also involved. Last week, the department asked a court to delay certification of the race if Senator Sullivan loses by a small margin. The legal filing cited potential voter confusion from the two Sullivans on the ballot. Election law experts criticized that case as weak because the Constitution grants states control over elections.

On Thursday, Justice Department officials said the Times report expands their options. The department filed an amended complaint citing the new reporting. It is unclear which specific laws the state investigation will target. Elaine Kamarck, a senior fellow at the Brookings Institution, noted that campaign trickery is common and difficult to legislate against.

Voters in Alaska use a ranked-choice voting system for the general election. If voters are confused by the two Sullivans, they can rank both candidates and leave Peltola unranked. The ballot identifies the Republican incumbent. Some experts argue the recent news has reduced the risk of confusion. The general election ballot also includes a measure asking voters if they want to keep the state’s unique election system.

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