DOJ moves to isolate Alaska ballots ranking Dan J. Sullivan

Federal prosecutors in Alaska confirmed on Friday that they are opening a criminal investigation into a ballot candidate who shares the name of the state's Republican Senate incumbent, Sen. Dan Sullivan. The U.S. Department of Justice is seeking a court order to preserve and segregate all ballots that rank "Daniel J. Sullivan" to determine if voter confusion occurred.

Assistant U.S. Attorney Bryan Wilson filed a motion stating the government seeks to isolate these specific ballots to investigate whether the ranking was the result of voter confusion. The filing argues there is a substantial risk that the candidacy of Dan J. Sullivan will mislead voters and compromise the integrity of the electoral process.

The revelation of the investigation follows reports from The New York Times earlier this week suggesting that Democratic Senate candidate Mary Peltola’s campaign was involved in recruiting Dan J. Sullivan. It is highly unusual for Justice Department officials to publicly confirm the existence of a criminal probe. Peltola denied on Thursday that she knew about the effort to place the candidate on the Alaska ballot.

Attorneys for the state of Alaska have pushed back against the federal motion. They argued that state elections officials already took steps to distinguish the two candidates on the ballot. The defense also contended that Alaska’s ranked-choice voting system further addresses concerns about potential voter confusion.

The legal battle unfolds as early voting numbers surge. An Associated Press analysis of data from five days before Election Day shows early voting is outpacing the previous midterm election. Millions more Americans have already cast ballots, with sharp increases in states holding competitive Senate races.

Meanwhile, President Donald Trump has rescheduled campaign rallies in Iowa and Kansas for Sunday. He had canceled those visits earlier in the day after staging a rally in Daytona Beach, Florida. The president has held more than 20 rallies this month in an effort to drive Republican turnout ahead of Tuesday’s election.

In a separate action, the Justice Department sent letters to state election officials in all 50 states. The letters remind officials of federal requirements to retain election records for 22 months and warn of potential prison time or fines for noncompliance. A spokesperson for the department stated the letters are a reminder of existing legal obligations.