Alaska's "double-Dan" fight spirals into chaos
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The last-minute revelation that Democrats intentionally recruited a same-name spoiler in Alaska is fueling multiple investigations in the race that could determine control of the U.S. Senate.
Why it matters: Daniel J. Sullivan, who shares a first and last name with Alaska's incumbent Republican senator, will stay on the ballot. But the battle over his candidacy has consequences that could extend beyond Election Day.
- "We're going to investigate it. We're going to follow the law," Alaska Gov. Mike Dunleavy (R) said Thursday, adding that any findings of illegal conduct "may in fact impact whether somebody is seated in the U.S. Senate."
Driving the news: The Justice Department has issued fresh subpoenas to Democratic officials believed to be involved in recruiting Daniel J. Sullivan to run for office, a person familiar with the case confirmed to Axios.
- The New York Times reported Wednesday, citing text messages and interviews with former campaign officials, that Democratic operatives recruited multiple candidates in an effort to divide support for Republican Sen. Dan Sullivan. That included Daniel J. Sullivan, a retired teacher who ultimately got on the ballot.
- The Times also reported that the operation involved campaign aides for Democratic nominee Mary Peltola and senior officials at the Democratic Senatorial Campaign Committee (DSCC). Both organizations have denied involvement.
- Congress also wants a bite. House Oversight Chair James Comer (R-Ky.) demanded testimony from operatives named in the story, and threatened subpoenas if they didn't comply.
Zoom in: DOJ was already investigating Daniel J. Sullivan, dating back to this summer, over allegations related to his candidacy.
- "My intention is not to trick people," Daniel J. Sullivan told the New York Times in August. "I would hope people are informed enough to know the difference between an incumbent senator and a teacher."
State of play: The Justice Department filed a civil case last week preemptively challenging the election certification if Peltola narrowly wins.
- In response to the potential involvement of the Peltola campaign and DSCC, the Justice Department said it "intends to seek expedited discovery" in the civil case — and called the alleged scheme a "conspiracy to undermine the integrity of the electoral process."
- Alaska's Department of Law is asking the federal district court to dismiss the DOJ's case, which argues a violation of the National Voter Registration Act, spokesperson Sam Curtin said in a statement.
- "That federal law does not dictate what candidates can run in elections and does not authorize the relief the DOJ seeks. The [Election] Division is bound by the Alaska Supreme Court's order and is committed to running a fair election and assisting voters as needed," he said.
Between the lines: Recruiting a spoiler candidate to siphon votes from an opponent is a familiar tactic and isn't inherently illegal. But election lawyers say other conduct could cross the line.
- When "there have been historic issues, there may be questions if people ever lied under oath or things of that nature," Ben Hovland, former chair of the U.S. Election Assistance Commission, told Axios.
- A Justice Department official said Thursday that prosecutors could probe whether the effort was part of a coordinated attempt to deceive voters, CBS News reports.
- The official identified two federal civil-rights statutes as possible avenues for prosecution, including one prohibiting conspiracies to interfere with voting rights.
The bottom line: This sort of thing "is regularly done by consultants on all sides," said Vanita Gupta, a former associate attorney general in the Biden administration, who added "it doesn't change the meritless nature of DOJ's lawsuit, which doesn't state a real federal claim."
