Alaska governor orders criminal probe into second Dan Sullivan Senate bid

Alaska voters will choose among four Senate candidates, including two men named Dan Sullivan, a fact now sitting at the center of state and federal criminal investigations days before Election Day.

Gov. Mike Dunleavy, a Republican, ordered a criminal investigation into allegations that operatives connected to Democratic candidate Mary Peltola recruited or supported Daniel J. Sullivan, an independent and former school teacher who shares the first and last name of Republican Sen. Dan Sullivan. Republicans say the effort was meant to confuse voters and help Peltola in a closely watched race.

What is being investigated: Federal prosecutors have also announced a criminal probe and issued subpoenas to Democratic officials. NBC News reported that as many as three dozen subpoenas have been issued. Michael Heyman, the U.S. attorney for Alaska, called the allegations "troubling" but said investigators have not concluded that a crime occurred and declined to name the possible legal theories.

Peltola and national Democrats deny involvement in recruiting or supporting Daniel J. Sullivan. Peltola said she was not interested in tricking voters and knew nothing about the other candidates beyond herself and the incumbent senator. The allegation is serious. It is still an allegation, and the investigations are not findings.

The ballot fight: Daniel J. Sullivan was initially ruled ineligible by Alaska election officials, who accused him of a deliberate effort to confuse voters. State courts reversed that decision, finding election officials lacked authority to keep him off the ballot based on their view of whether he acted in good faith.

The Trump administration has separately sued to stop Alaska from certifying the Senate result if the incumbent loses because of alleged voter confusion. On Oct. 30, Justice Department lawyers asked a federal judge to order the state to preserve and segregate every ballot ranking Daniel J. Sullivan. They want a ruling by Monday.

The catch: Alaska opposes the request. The state argues that ballots are commingled and cannot be pulled apart without threatening ballot secrecy. It also says the ballots are already retained for 22 months. The Justice Department filing does not explain how a separated ballot would establish whether a voter meant to choose Daniel J. Sullivan or the senator with the same name.

The immediate question is whether a judge orders the ballot handling changes before Tuesday's election.