Justice Department seeks to isolate 900+ ballots in Alaska Senate race

Federal prosecutors in Alaska are moving to isolate a specific set of ballots in the state's Senate race.

The U.S. Department of Justice confirmed on Friday that a criminal investigation is underway regarding a ballot listing for a Democratic candidate named Dan J. Sullivan. This name is nearly identical to that of the Republican incumbent, Sen. Dan Sullivan. The government filed a motion to preserve and segregate all ballots ranking Dan J. Sullivan to probe whether voters were confused by the similar names.

The investigation gained public visibility after The New York Times reported earlier in the week that the campaign of Democratic candidate Mary Peltola appeared to be involved in recruiting the similarly named candidate. Peltola denied on Thursday that she knew about the effort to put Dan J. Sullivan on the ballot. Assistant U.S. Attorney Bryan Wilson stated in the Friday filing that the government sees a substantial risk that the candidacy will mislead voters. The filing argues that separating the ballots is necessary to determine if the rankings resulted from voter confusion should the investigation expand.

Attorneys for the state of Alaska countered that election officials had already taken steps to distinguish the two Sullivans on the ballot. They also noted that the state’s ranked choice voting system addresses concerns about potential confusion. The Department of Justice has historically rarely confirmed the existence of a criminal investigation in public, making this disclosure a notable shift in procedure.

The legal maneuver takes place amid a broader push by the administration to scrutinize election records. On the same day, the Justice Department sent letters to all 50 state election officials. These letters reminded officials of federal requirements to retain election records for 22 months. The correspondence warned that failure to comply could result in prison time or fines. Kiersten Pels, a department spokesperson, said the letters are a simple reminder of legal obligations necessary for bringing unlawful voting cases. David Becker, executive director of the Center for Election Innovation and Research, described the letters as an attempt to intimidate states that already know their obligations.

In related developments, a three-judge panel of the 9th U.S. Circuit Court of Appeals halted noncitizen voting investigations in nine states until after Election Day. The judges, all nominated by Democratic presidents, paused the probes in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington, and Wisconsin. The panel agreed with a lower court order that the aggressive investigations caused some citizens to avoid election activities out of fear of being targeted.

The Department of Justice also issued a new registration approval for the medical cannabis industry on Friday. The agency granted registrations to more than 900 state-licensed dispensaries in seven states, including Alabama, Florida, and Texas. Attorney General Todd Blanche said the move helps ensure broader access to chronic pain treatment. This follows an April order that shifted state-licensed medical marijuana from Schedule I to the less strictly regulated Schedule III.

The next major procedural step is the potential court order directing state officials to preserve the segregated ballots. The government is waiting for a ruling that would formally direct the preservation of all rankings for Daniel J. Sullivan. This action would secure the evidence needed to determine if the investigation into voter confusion moves forward.

The Department of Justice will continue to monitor the retention of state election records as the 22-month federal deadline approaches for various jurisdictions. The letters sent to state officials stand as the immediate enforcement mechanism for that requirement.