Trump administration accelerates criminal investigation into Alaska Senate race ahead of midterm elections
By Saqib S. Qureshi — SCN NEWS
WASHINGTON — The Trump administration has intensified a federal criminal investigation into allegations of election interference in Alaska's closely contested U.S. Senate race, deploying additional FBI resources and prosecutors just four days before congressional midterm elections that could determine control of the Senate.
Federal prosecutors are examining allegations that individuals associated with Democratic candidate Mary Peltola's campaign and national Democratic political organizations helped recruit a third-party candidate whose name closely resembles that of Republican incumbent Senator Dan Sullivan. The Justice Department is simultaneously pursuing a civil lawsuit seeking to prevent Alaska from certifying certain election results if the incumbent loses because of votes cast for the similarly named candidate.
U.S. Attorney Michael Heyman, the Justice Department's top federal prosecutor in Alaska, said Friday that investigators had intensified their activities following a New York Times report describing alleged efforts to recruit a candidate with the same name as Sullivan. Heyman said additional prosecutors had been assigned to the investigation and that FBI resources had increased substantially.
The investigation, which Heyman said had been underway for several months, has accelerated following the publication of internal communications described in the newspaper's reporting. Federal authorities have not publicly identified specific criminal charges arising from the allegations, and no criminal wrongdoing has been established against Peltola or the other individuals involved.
The dispute centers on Daniel J. Sullivan Jr., a retired teacher from Petersburg, Alaska, whose name appears on the Senate ballot alongside Republican Senator Dan S. Sullivan and Democratic challenger Peltola. Republican officials contend that the presence of two candidates with nearly identical names could confuse voters and potentially divert support from the incumbent.
The New York Times reported Wednesday that individuals associated with Peltola's campaign and the Democratic Senatorial Campaign Committee participated in efforts to recruit a candidate who could draw votes away from the Republican senator. Reuters said it had not independently verified the newspaper's findings.
Peltola has denied knowing about any effort to recruit the second Sullivan, while the Democratic Senatorial Campaign Committee has rejected allegations of involvement. Daniel J. Sullivan Jr. has also denied coordinating with Peltola's campaign, leaving significant aspects of the alleged arrangement disputed.
The Justice Department's criminal investigation is proceeding alongside a separate federal lawsuit challenging how Alaska could certify the election results. In a filing Friday, federal lawyers asked a judge to prevent certification under circumstances in which the Republican incumbent loses because of votes received by the similarly named candidate.
The administration argues that the alleged recruitment effort threatens the integrity of the electoral process by potentially misleading voters about the identities of candidates. Alaska officials and Peltola's campaign have challenged the federal government's legal position, arguing that the lawsuit lacks a sufficient legal basis.
The dispute raises questions about the limits of federal authority over state-administered elections. Under the American constitutional system, states have primary responsibility for administering elections, subject to applicable federal constitutional and statutory requirements.
Legal specialists have distinguished between the political practice of encouraging additional candidates to enter an election and conduct that could constitute criminal interference with voting rights. Recruiting a candidate to divide an opponent's support is not automatically a federal crime, and prosecutors would need evidence satisfying the elements of an applicable criminal statute.
Justice Department officials have discussed federal civil rights provisions that prohibit conspiracies to interfere with protected rights, including voting rights. However, investigators have not publicly demonstrated that voters were deliberately deceived into casting ballots for a candidate they did not intend to support.
A Justice Department official acknowledged Thursday that authorities were not aware of confirmed instances in which an Alaska voter had mistakenly selected the wrong Sullivan. That distinction could become important as prosecutors examine whether the alleged political maneuvering crossed the boundary between controversial campaign tactics and criminal conduct.
President Donald Trump has publicly demanded that Peltola face prosecution over the allegations. His intervention has heightened the political significance of the investigation, particularly because Alaska is among a small number of competitive Senate contests that could influence which party controls Congress after the November 3 elections.
Peltola, a former U.S. representative, is challenging Sullivan in a race that has attracted substantial national attention and campaign spending. Democrats regard Alaska as an important potential pickup opportunity as they seek to overcome the Republican majority in the Senate.
A Democratic victory in Alaska would improve the party's prospects of gaining control of the chamber, although Democrats would still need additional victories elsewhere. Republicans are defending several competitive seats while attempting to preserve their congressional majority during the second half of Trump's presidential term.
The investigation has also drawn attention from Alaska's state government. Republican Governor Mike Dunleavy directed the Department of Public Safety to examine whether the alleged candidate recruitment effort violated state law, creating a parallel state-level inquiry into the controversy.
Republican Senator Lisa Murkowski, who previously supported Peltola in congressional elections but endorsed Sullivan in the current Senate contest, criticized the alleged recruitment tactics. Murkowski said efforts to manipulate the candidate field should have no place in the electoral process and called for greater transparency about the circumstances surrounding the second Sullivan's candidacy.
Peltola's campaign has rejected suggestions that the controversy should force her withdrawal from the election. Her representatives have maintained that the campaign is focused on issues affecting Alaska residents, including household costs, healthcare affordability and the state's economic interests.
The administration's intervention in Alaska comes as federal authorities pursue separate election-related litigation in California. The Justice Department has sought to prevent the counting of certain mail ballots associated with voters it alleges may be noncitizens, but federal courts have rejected requests for emergency restrictions.
On Friday, a federal appeals court again declined to block California from counting ballots from more than 20,000 registered voters identified by the administration. California officials have challenged the reliability of the government's allegations, while a lower court warned that the proposed restrictions could prevent eligible voters from having their ballots counted.
The parallel disputes have intensified scrutiny of the federal government's role in election administration as voting continues across the country. Election officials face the challenge of responding to legal proceedings while maintaining established voting and certification procedures.
More than 48 million Americans have already cast early ballots, according to figures compiled by the University of Florida's Election Lab, surpassing the previous record for participation before Election Day in a midterm election.
The Alaska investigation presents an immediate test for federal prosecutors because the alleged conduct concerns an election that is already underway. Investigators must assess whether evidence supports criminal allegations while the courts consider separate questions about ballot access, voter confusion and certification of the results.
With Election Day approaching, the Justice Department has not announced criminal charges, and the allegations against the Democratic campaign remain contested. The outcome of the federal lawsuit and the continuing investigation could affect how the Alaska election dispute is resolved, even as voters prepare to choose their next senator.