DOJ broadens Alaska Senate suit; governor orders probe of same-name candidacy
The amended DOJ complaint cites a New York Times report alleging Peltola's campaign recruited a retired teacher sharing Sen. Dan Sullivan's name; Gov. Mike Dunleavy ordered a state probe.
At a glance
- DOJ filed an amended complaint in Anchorage federal court adding a Supremacy Clause claim to its suit over Alaska's Senate election.
- Gov. Mike Dunleavy ordered a state Department of Public Safety investigation into the alleged recruitment of retiree Dan J. Sullivan.
- Election Day is Nov. 3; the race could decide the Senate balance, where Republicans hold a six-vote majority.
The Department of Justice escalated its lawsuit over Alaska's Senate election on Thursday, filing an amended complaint in Anchorage federal court that adds a new legal claim and cites a New York Times report alleging that Democratic nominee Mary Peltola's campaign and the Democratic Senate Campaign Committee recruited a retired schoolteacher named Dan J. Sullivan into the race.
The amended suit argues that Peltola's campaign and the DSCC misled Judge Sharon Gleason by saying in earlier filings that they did not know why the retiree entered the race this year. In the amendment, the DOJ says the Times reported that Alaskans for Mary and the DSCC "were well aware of the purposes" of Daniel J. Sullivan's candidacy, asserting they orchestrated a "sham campaign" to mislead voters and help elect Peltola.
In a separate filing Thursday, the DOJ said the new claim under the Supremacy Clause of the U.S. Constitution makes motions to dismiss the case moot, citing 9th Circuit precedent. Gleason had given the department until 5 p.m. Alaska Time Thursday to respond to those motions, which sought to throw out the original complaint before Election Day on Nov. 3. She has not yet ruled on whether they are moot.
Governor orders a state investigation
Republican Gov. Mike Dunleavy late Wednesday directed the state Department of Public Safety to investigate whether the alleged recruitment broke criminal or civil laws, citing the Times report. Peltola's campaign told CNBC on Thursday that it "has no involvement with either Sullivan campaign" and said "no tweet or threat from any politician" would keep her from the race.
What the lawsuit seeks
The DOJ's original Oct. 23 suit asks the court to block the state from immediately certifying any result "that may be impacted by voter confusion," pending an investigation into whether votes cast for Daniel J. Sullivan were intended for Sen. Sullivan. President Donald Trump has said he ordered the department to file the case. NBC News reported the DOJ has issued at least three dozen new subpoenas and document preservation requests to Peltola's campaign and the former teacher's campaign.
Alaska election officials have said in a court filing that the Division of Elections took steps to distinguish the two candidates on the ballot: the teacher is listed as "Sullivan, Daniel J. Jr.," while the incumbent appears directly below as "Sullivan, Dan. S." with "Registered Republican, incumbent" next to his name. State officials argued the United States lacks authority to intervene in state elections.
The race could decide the Senate's balance of power, where Republicans hold a six-vote majority. Trump, asked Thursday whether Senate Republicans should try to block Peltola from taking the seat if she wins, said "you're going to have to see what happens," and called the retired teacher's candidacy a fraud. The DSCC accused Republicans of hypocrisy, saying they have a history of recruiting candidates to boost their own campaigns.
Source: CNBC.
Questions and answers
- Why is the DOJ suing over Alaska's Senate election?
- The DOJ wants to block immediate certification of any result that may be affected by voter confusion, pending an investigation into whether votes cast for Daniel J. Sullivan were meant for Sen. Dan Sullivan.
- Who is Dan J. Sullivan in Alaska's Senate race?
- He is a retired schoolteacher listed on the ballot as "Sullivan, Daniel J. Jr." The New York Times reported that Peltola's campaign and the DSCC allegedly recruited him; both have denied involvement.
- What did Alaska Gov. Mike Dunleavy do about the allegations?
- He ordered the state Department of Public Safety to investigate whether the alleged recruitment of the retired teacher violated criminal or civil laws, citing the New York Times report.
