The Department of Justice (DOJ) is seeking to "preserve and segregate all ballots ranking" a candidate named Dan Sullivan in Alaska's U.S. Senate election. This move is in response to a potential investigation into whether voters mistakenly ranked him, believing him to be the incumbent Republican Senator Dan Sullivan, according to a court filing late Friday.
U.S. Attorney Michael J. Heyman speaks during a press conference as the Justice Department investigates allegations that Democrats recruited potential spoiler candidates to run in Alaska's US Senate race, ahead of the midterm elections, at the US Attorney's Office in Anchorage, Alaska, US, Oct. 30, 2026.
Kerry Tasker | Reuters
The DOJ's request is part of a lawsuit aiming to prevent state election officials from immediately certifying the election results if Senator Sullivan were to lose by a margin potentially influenced by voter confusion. The department wants to investigate voter intent in such a scenario. U.S. Attorney for Alaska Michael Heyman stated that the candidacy of the other Dan Sullivan poses a significant risk of misleading voters and compromising the election's integrity, especially with Election Day approaching on November 3, 2026.
Heyman confirmed on Friday that a criminal investigation into the circumstances surrounding the retired school teacher Dan Sullivan's decision to run for the Senate is ongoing. This probe is occurring concurrently with a civil lawsuit, reportedly requested by President Donald Trump, which alleges that the non-incumbent Sullivan's candidacy was intended to benefit Democratic nominee Mary Peltola by siphoning votes from Senator Sullivan.
"We will not let anyone or any group undermine this election," Heyman stated at a press conference in Anchorage, emphasizing the commitment to a fair election for all Alaskans. He revealed that both civil and criminal investigations are active, with increased FBI and local resources dedicated to the effort. The criminal probe has been underway for months, and Heyman's recusal due to a potential judicial nomination was rescinded.
U.S. Sen. Dan Sullivan, a Republican, and former U.S. Rep. Mary Peltola, a Democrat, are U.S. Senate candidates for Alaska.
Kent Nishimura | Jabin Botsford | The Washington Post | Getty Images
The acceleration of the criminal investigation follows a New York Times report suggesting that aides from Peltola's campaign and the Democratic Senatorial Campaign Committee may have been involved in recruiting the retired teacher to run. Both Peltola's campaign and the DSCC have denied these allegations. Heyman declined to specify which criminal statutes might have been violated.
Meanwhile, a federal judge is fast-tracking efforts to dismiss the DOJ's lawsuit. Judge Sharon Gleason ordered the DOJ to respond to new dismissal motions by 1 p.m. Alaska Time, after the department amended its suit on Thursday. The state, Peltola's campaign, and other parties argue that the DOJ lacks the legal authority to interfere with election certification based on candidates sharing a name. They contend that election regulation falls under state and congressional purview, not the DOJ.
The outcome of the Alaska Senate race is significant, as it could determine party control of the Senate. Alaska employs a ranked-choice voting system. The DOJ's amended complaint includes claims under the Supremacy Clause of the U.S. Constitution and the National Voter Registration Act, detailing information from the Times article. The state and Peltola's campaign assert that the DOJ's reading of the NVRA is flawed and inapplicable to this case.
Dan J. Sullivan, a candidate in Alaska's U.S. Senate race who shares his name with the incumbent seeking reelection, talks with a reporter in Petersburg, Alaska, July 3, 2026.
Becky Bohrer | AP
