Peltola denies knowledge of alleged plot to put second Dan Sullivan on Alaska Senate ballot

No charges had been filed as of Friday evening.
Federal investigators have escalated, but the legal footing of the spoiler-candidate allegation remains unsettled.
Mark

Why does a second Dan Sullivan matter so much?

Mimi

Alaska uses ranked-choice voting, so someone unsure could rank both. The administration says that could show voter confusion, and it wants those ballots set aside.

Mark

And the accusation is that Peltola's side arranged it?

Mimi

The New York Times reported that people tied to her campaign and DSCC aides tried to recruit the retired teacher, Dan J Sullivan. She says she knew nothing about any other candidate.

Luke

Worth being clear: the BBC has not verified the Times reporting. The paper cites text messages and 12 people, but that's the Times's account, and the campaign and Sullivan both deny it.

Mark

There's a criminal investigation, though.

Mimi

Yes, US Attorney Michael Heyman said civil and criminal probes are ongoing, and CBS reports subpoenas to Democratic officials.

Luke

But he didn't name specific crimes, and no charges had been filed as of Friday evening. Subpoenas are reported by CBS, not detailed publicly.

Mark

Is what's alleged even illegal?

Mimi

Scott Kendall, who worked on Murkowski's campaigns, doubts it. Alaska has no good-faith requirement for candidates.

Luke

He also allows there could be more facts. Campaign finance violations could change things, but no evidence of that has emerged yet.

Mark

So what's the real risk to Peltola?

Mimi

Kendall points to reputational harm, in a race rated a toss-up, with a judge due to rule before Monday.

  • A federal probe has escalated into subpoenas and a civil lawsuit over a plot to place a second Dan Sullivan on the Alaska ballot.
  • The race is a toss-up that could decide Senate control, and every accusation lands with unusual weight.
  • Federal lawyers are racing to preserve ranked ballots before Monday, arguing confusion must be proven before voting ends.
  • Peltola denies knowledge of the scheme, while legal experts doubt any crime occurred and no charges have yet been filed.

In the far north, where a single seat in the Senate can tilt the balance of a nation's politics, a quiet question of identity has become a matter for federal investigators. A retired teacher sharing a name with a sitting senator has been drawn into an allegation that rivals may have tried to muddy the choice before voters. Whether this was a clever tactic, a reckless one, or something the law forbids remains unsettled, and the people at its center, from candidate Mary Peltola to the namesake himself, have stepped back from any link. What unfolds next will show how much a name can carry in a democracy that asks ordinary voters to choose carefully.

On Thursday, Democratic candidate Mary Peltola tried to put a rumor to rest. Speaking to Alaska voters, she said she knew of no one on the ballot except herself and the incumbent, and that she had no interest in tricking anyone.

The rumor centers on Dan J Sullivan, a retired teacher from a remote fishing village, who shares a name with Republican incumbent Senator Dan S Sullivan. The New York Times reported that people tied to Peltola's campaign and senior Democratic Senate aides worked to recruit him as a spoiler. The BBC has not independently verified that reporting. Peltola's campaign and Dan J Sullivan both deny any connection, and Republican Governor Mike Dunleavy ordered an official inquiry.

The federal government has moved fast. The Justice Department has issued subpoenas, and the US attorney for Alaska says both civil and criminal investigations are underway, though no charges have been filed. Lawyers for the administration have asked a judge to preserve all ballots ranking Dan J Sullivan before Monday. Alaska's ranked-choice system means a confused voter could rank both men, and officials argue that evidence of confusion must be secured before Election Day ends.

Legal experts are skeptical. Scott Kendall, a former Murkowski campaign lawyer, doubts the described conduct broke any law, noting that Alaska has no good-faith rule for candidates and spoilers have appeared before. For Peltola, he sees the greatest danger as reputational. With the race rated a toss-up, the next marker is the judge's ruling on the ballot request.

On Thursday, speaking to voters in Alaska, Democratic Senate candidate Mary Peltola tried to put a rumor to rest. She said she knew of no one on the ballot other than herself and the incumbent, and that she had no interest in tricking anyone. Her words were aimed at an allegation that has turned one of the closest Senate races in the country into a federal matter.

The allegation is that Democrats tried to engineer confusion by getting a second Dan Sullivan into the contest. The incumbent Republican is Senator Dan S Sullivan. The other man on the ballot is Dan J Sullivan, a retired teacher who lives in a remote fishing village. Both have been running for the open seat for some time, but the controversy broke earlier this week when The New York Times reported that people connected to Peltola's campaign, along with senior aides at the Democratic Senatorial Campaign Committee, worked to recruit him. The paper said it had seen text messages and interviewed 12 people who took part in the plan, were told of it, or were would-be candidates the team also approached. The BBC has not independently verified that reporting.

The Peltola campaign has denied the reports, and Dan J Sullivan has denied any link to her campaign. The incumbent and his allies have accused Democrats of trying to confuse voters. Alaska's Republican Governor Mike Dunleavy ordered an official inquiry earlier this week.

The federal government has moved quickly. According to CBS News, the BBC's US news partner, the Justice Department has begun issuing subpoenas to Democratic officials allegedly tied to the recruitment effort. At a Friday afternoon press conference, Michael Heyman, the US attorney for the district of Alaska, said both a civil and a criminal investigation were ongoing. He did not immediately specify which crimes his office would examine. As of Friday evening, no charges had been filed.

Later that day, lawyers for the Trump administration asked a federal judge to rule before Monday on an order directing state election officials to preserve and segregate all ballots that rank Dan J Sullivan. Alaska uses ranked-choice voting, so a voter unsure at the ballot box could rank both Sullivans. Associate Attorney General Stanley Woodward wrote in court documents that the step would help determine whether such a ranking was the product of voter confusion, should an investigation become necessary. He argued that these modest precautions would be impossible after Election Day, which he said justified expedited consideration.

The administration had already filed a federal lawsuit last week seeking to block certification of the result if the Trump-backed Sullivan loses, arguing that two identically named candidates could confuse voters. On Wednesday the department amended that suit to cite large sections of the Times story and Dunleavy's announcement. A federal judge has expedited the matter and will weigh motions to dismiss brought by Alaska election officials, backed by the Peltola campaign and voting rights groups.

Legal experts are skeptical about the criminal angle. Scott Kendall, an attorney who worked on Senator Lisa Murkowski's 2010 and 2016 campaigns, told the BBC he doubted the conduct described in the Times broke the law. Alaska has no specific good-faith requirement for candidates, he said, and spoiler candidates sometimes appear in its races. "I freely admit there could be more facts, but I'm not going to speculate they exist," he said. Kendall and other experts said federal crimes could come into play if there were evidence of campaign finance violations, but none has emerged. He saw the main risk to Peltola as reputational harm.

The stakes are high. The nonpartisan Cook Political Report rates the race a toss-up, and it could decide control of the Senate. President Donald Trump will hold back-to-back rallies in Kansas and Iowa on Sunday; a source familiar with the planning told the BBC they were rescheduled to accommodate his remote appearances at tele-rallies. The next marker is the judge's ruling on the ballot-preservation request, expected before Monday.

I knew nothing about any other candidate on the ballot except for me and the incumbent. I am not interested in tricking voters.
— Mary Peltola, Democratic Senate candidate
I freely admit there could be more facts, but I'm not going to speculate they exist.
— Scott Kendall, attorney
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