In new escalation, DOJ wants to force Alaska to segregate ballots in Senate race

The Department of Justice (DOJ) asked a federal judge Friday to force Alaska to preserve and segregate ballots that may have been affected by alleged voter confusion in the state’s U.S. Senate race.

The request marks a sharp escalation in DOJ’s extraordinary attempt to interfere in Alaska’s Senate election.

In a filing opposing efforts to dismiss its lawsuit, DOJ said the “only immediate relief” it is seeking is the preservation and segregation of relevant ballots. The department argues that doing so would allow officials to address alleged voter confusion later if it ultimately affects the election result.

DOJ also has sued to force California officials to segregate ballots of voters the Trump administration claims may be noncitizens.

The department sued Alaska last week over the presence of Daniel J. Sullivan, a candidate with the same last name as the incumbent, Sen. Dan Sullivan (R). DOJ alleges that Daniel J. Sullivan’s candidacy was designed to confuse voters and help Democratic nominee Mary Peltola.

DOJ’s original lawsuit sought to  block certification if Sen. Sullivan loses and votes cast for Daniel J. Sullivan could have changed the outcome.

Now, DOJ says Alaska officials must go further, by taking precautionary steps before the result is known, including segregating ballots that could later become relevant to an investigation. 

“It may be critical for state officials to take precautionary measures now to help ensure any voter confusion can be addressed later,” DOJ wrote.

The department also argued that Alaska officials “can take measures, including but not limited to the segregation of ballots,” and that the court has the power to order them to do so.

The filing does not explain exactly how election officials would identify which ballots were affected by alleged confusion In Alaska’s ranked-choice voting system, voters could rank Daniel J. Sullivan on their ballot without him being their first choice.

DOJ asked for a decision by Monday.

*The Elias Law Group (ELG) represents Peltola campaign and the Democratic Senatorial Campaign Committee in this case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.