Alaska Ballot Dispute: DOJ Expands Subpoenas and Civil Suit Over 'Conspiracy' Claims

The Justice Department issued a new series of subpoenas in its criminal investigation into Alaska’s Senate race on October 29. The documents target several Democratic officials linked to efforts to place Daniel J. Sullivan on the ballot. Sullivan is a retired teacher who shares a name with Republican incumbent Sen. Dan Sullivan. No candidates or officials have been charged with a crime.

The department also amended a separate civil lawsuit filed by the Trump administration. The suit seeks to block certification of election results if Sen. Sullivan loses due to voter confusion. The amendment incorporates details from a New York Times report published on Wednesday. The filing describes the situation as a conspiracy to undermine the integrity of the electoral process.

During a briefing with reporters on Thursday, a Justice Department official noted a significant increase in investigative activity over the prior 24 hours. The official stated that the New York Times report, which included internal emails and text messages, could expand the government’s ability to pursue the case. Such communications are often difficult to obtain without search warrants or voluntary cooperation.

The official identified two civil rights statutes as potential avenues for prosecution. Section 241 of Title 18 prohibits conspiracies to interfere with federally protected rights, including voting rights. Section 242 addresses the willful deprivation of rights under color of law. Prosecutors may examine whether a coordinated effort tricked voters into selecting the wrong candidate. The official referenced the federal prosecution of Douglass Mackey, who was convicted in 2016 for misleading online messages. That conviction was overturned by a federal appeals court in 2025.

The Justice Department acknowledged that it was not aware of any confirmed instances where an Alaska voter mistakenly cast a ballot for the wrong Dan Sullivan. When asked about voter reports, one official said, “I think I’ve not heard of that, but it’s hard to tell exactly.” The agency may issue preservation requests to technology companies and seek grand jury subpoenas for documents or testimony.

Republican Gov. Mike Dunleavy ordered Alaska’s Department of Public Safety to examine whether the recruitment effort violated state law. The state may pursue criminal or civil action based on that review. The amended civil suit adds a second claim for relief under the Constitution’s Supremacy Clause. The complaint states that the New York Times reporting aligns with the United States’ allegations on information and belief.

Alaska officials previously asked a federal judge to dismiss the civil lawsuit, arguing that election administration is a state responsibility. A Justice Department official characterized the suit as a preservation measure to maintain the ability to challenge results if necessary. The official expressed interest in discovery regarding what Peltola’s campaign knew about the recruitment operation and when officials learned of it. President Trump, who called for both Sullivans to be removed from the ballot, said last week, “Well, I’m the one that said, ‘Do it.’”