DOJ asks court to segregate Alaska ballots ranking Dan J. Sullivan

The Justice Department has asked a federal judge to order Alaska election officials to preserve and segregate ballots that rank Dan J. Sullivan, a Senate candidate who shares a name with the state’s Republican incumbent, Sen. Dan Sullivan. The request, made days before the Nov. 3 election, concerns a four-candidate contest using ranked-choice voting and remains unresolved in the reporting available.

In a court filing, the department said the ballots could be needed for an investigation into whether voters selected the non-incumbent Sullivan believing he was the sitting senator, CNBC reported. NBC News reported that the administration sought an order before Monday directing officials to segregate all ballots ranking Dan J. Sullivan.

The Justice Department’s immediate request is for preservation and separation of the ballots, rather than their invalidation, according to CNBC and Democracy Docket. The department has alleged that the second Sullivan’s candidacy could confuse voters and said prompt action was necessary before Election Day.

Why does DOJ want Alaska ballots segregated?

DOJ has said ballot preservation could allow officials to examine alleged voter confusion later if it could affect the result. Its broader civil lawsuit asks U.S. District Judge Sharon Gleason to prevent immediate certification in a scenario where the incumbent loses by a margin that the department says might be attributable to confusion over the two candidates’ names, CNBC reported.

That is an allegation by the department, not a judicial finding. Alaska election officials, the campaign of Democratic nominee Mary Peltola and other intervenors have argued that DOJ lacks legal authority to delay or block certification merely because two candidates on the ballot have the same name, according to CNBC.

Alaska’s ranked-choice system adds a practical question. Voters may rank candidates in order of preference, and a ranking for Dan J. Sullivan may appear below a voter’s first choice. Democracy Docket reported that DOJ’s filing did not specify how election officials would identify ballots allegedly affected by confusion.

Michael Heyman, the U.S. attorney for Alaska, said a criminal inquiry into how and why the non-incumbent Sullivan entered the race was ongoing, CNBC reported. Heyman did not identify a criminal statute that may have been violated.

DOJ has alleged that the non-incumbent Sullivan entered the contest to benefit Peltola by taking votes from the Republican incumbent. Peltola’s campaign and the Democratic Senatorial Campaign Committee denied involvement in the retired teacher’s campaign, CNBC reported.

Judge Gleason had set expedited deadlines on dismissal-related filings, leaving open the possibility of a ruling before Election Day, according to CNBC. The available reports do not show that the judge granted DOJ’s request.

This story draws on original reporting from CNBC.