Dan Sullivan Controversy: DOJ Escalates Alaska Election Probe With New Subpoenas - Newsweek

The Justice Department has issued a new round of grand jury subpoenas as it escalates a criminal investigation into allegations surrounding the recruitment of a candidate who shares a name with Republican Alaska Senator Dan Sullivan, according to the Associated Press.

The subpoenas seek grand jury testimony or documents, while records-preservation demands have also been issued, the AP reported Thursday, citing a person briefed on the investigation who spoke on condition of anonymity. More subpoenas were expected Thursday, although the number of subpoenas and their recipients were not immediately clear.

The development represents a significant escalation of the controversy surrounding Daniel J. Sullivan Jr., a retired teacher who will appear on Tuesday's ballot alongside incumbent Republican Senator Dan S. Sullivan and Democrat Mary Peltola.

The Justice Department has been investigating allegations that Sullivan Jr. entered the race to siphon votes from the incumbent, according to the AP. The latest subpoenas come after The New York Times reported that people working with Peltola's campaign and senior Democratic Senatorial Campaign Committee (DSCC) aides participated in efforts to recruit Sullivan Jr. or other candidates who could draw support from the Republican senator. The newspaper cited interviews, text messages and other documents. Peltola's campaign and the DSCC have denied recruiting Sullivan Jr. or other candidates.

The Justice Department has not publicly disclosed what potential federal offenses it is examining.

The federal investigative development comes as Alaska Governor Mike Dunleavy has separately directed the Alaska Department of Public Safety to investigate whether the alleged effort violated state law and whether criminal charges or civil action are warranted.

The expanding state and federal investigations raise a key unanswered legal question: Even if political operatives deliberately encouraged Sullivan Jr. or other candidates to enter the race to draw votes from the incumbent, what criminal law, if any, would such conduct violate?

Jeff Feldman, a University of Washington law professor who has litigated extensively in Alaska, told Newsweek on Thursday that "it's less than clear that such conduct would violate any provision of Alaska law."

Feldman's comments addressed potential violations of Alaska law, rather than whatever federal theory prosecutors may be examining. The Justice Department has not publicly disclosed the legal basis for its criminal investigation.

Attempts to remove Sullivan Jr. from the ballot have already failed in state court. The Alaska Division of Elections concluded earlier this year that his candidacy was intended to confuse or mislead voters, but a judge reversed the decision after finding that Alaska law did not impose a "good faith" requirement on candidates. The Alaska Supreme Court subsequently allowed Sullivan Jr. to remain on the ballot.

The state, meanwhile, is fighting a separate Justice Department lawsuit over the same election. On October 26, Alaska's Department of Law asked a federal judge to dismiss the case, arguing against the federal government's legal basis for intervening in the state's administration of the race.

Newsweek has reached out to Peltola's campaign, Daniel J. Sullivan Jr. and the Justice Department for comment. The Alaska Department of Public Safety provided a statement confirming that the Alaska Bureau of Investigation has initiated an investigation.

The new subpoenas add a criminal-investigation track to an already complicated legal fight. The Justice Department is separately pursuing a civil lawsuit seeking federal court intervention in the election, while Dunleavy has ordered a state investigation into whether Alaska law was violated.

The Justice Department has not publicly identified the potential targets of its criminal investigation or the potential federal offenses it is examining.

President Donald Trump has called for Peltola and her campaign to be prosecuted. Vice President JD Vance, however, stopped short Thursday of saying the conduct described in the reporting was criminal.

Speaking to reporters on Thursday, Vance said: "Whether it's criminal or not, she certainly has committed, I think, a great moral failing, and hopefully the voters of Alaska punish her."

Daniel J. Sullivan Jr. is a retired teacher from Petersburg who is running alongside Peltola, incumbent Republican Senator Dan S. Sullivan and Republican Gerald Heikes.

The two Sullivans are distinguished on the general-election ballot. The incumbent is identified as "Dan S. Sullivan (Registered Republican) Incumbent," while his challenger appears as "Daniel J. Sullivan Jr." without a party designation.

Sullivan Jr. has maintained that he entered the race of his own accord because he was dissatisfied with the incumbent's representation and wanted to offer Alaskans another choice.

But The New York Times reported on Wednesday that people working with Peltola's campaign and Democratic operatives were involved in a broader effort to find potential candidates who could draw support from the incumbent. According to the newspaper, a Peltola staffer was instructed in 2025 to search voter records for Alaskans named Dan Sullivan.

The Times said its reporting was based on interviews with 12 people who participated in or were told about the effort, or who were approached about running, as well as text messages and other documents.

Its reporting relied in part on former Peltola campaign manager Elisa Rios, who was fired in August. Rios initially provided extensive information about the alleged operation but sought to retract her statements before publication. The Times said her account was consistent with its other reporting.

Peltola's campaign has denied involvement, saying it "did not recruit any candidates into the race." The DSCC has also denied participating in efforts to recruit Sullivan Jr. or other candidates.

Dunleavy said on Wednesday that the Times reporting "substantially supports the Division's findings" and directed the Department of Public Safety to examine whether Alaska laws were violated and whether criminal charges or civil action are warranted.

"Deliberately tricking voters into casting their ballots for someone else strikes at the integrity of our elections," Dunleavy said. "Anyone or any organization found to have broken the law must be held accountable."

Alaska Department of Public Safety Deputy Commissioner Austin McDaniel told Newsweek Thursday that the Alaska Bureau of Investigation has initiated an investigation into the alleged conduct described by the Times.

"The Alaska State Troopers are committed to the fair and impartial enforcement of Alaska's criminal laws, including those that protect the integrity of our elections," McDaniel said.

McDaniel said investigators would work with the Alaska Department of Law to examine the allegations, but that officials could not provide additional details in order to protect the integrity of the active investigation.

The investigation marks a new phase in the state dispute because the earlier proceedings focused on whether officials could exclude Sullivan Jr. from the ballot, not whether people involved in his alleged recruitment could face criminal or civil consequences.

Lieutenant Governor Nancy Dahlstrom opened an inquiry on June 8, and Elections Director Carol Beecher removed Sullivan Jr. from the ballot on June 15 after finding that he had filed "with a purpose to confuse or mislead."

A Superior Court judge reversed that decision on June 26, concluding that Alaska law did not impose a good-faith requirement for candidates. The Alaska Supreme Court affirmed the ruling on June 29, clearing the way for Sullivan Jr. to remain on the ballot.

The distinction is significant. The courts did not necessarily determine whether the Division of Elections' factual concerns about Sullivan Jr.'s candidacy were correct. Rather, the Superior Court found that the "good faith" requirement used to exclude him did not appear in the U.S. Constitution, Alaska statutes or the Division's implementing regulations. The Alaska Supreme Court summarily affirmed that result.

Dunleavy's investigation could therefore present a different question: whether conduct surrounding the alleged recruitment effort violated some other provision of Alaska law.

The investigation also leaves Alaska taking two seemingly different positions over the controversy.

The Trump administration's Justice Department has filed its own lawsuit over the election, seeking federal court intervention if Senator Sullivan loses under circumstances in which votes cast for Sullivan Jr. could have affected the result.

Alaska, however, has asked a federal judge to dismiss that case, arguing that Washington lacks the authority asserted by the Justice Department.

The positions are not necessarily inconsistent. Feldman told Newsweek that Alaska's arguments against the federal lawsuit would not affect or have "any obvious bearing" on a separate state investigation.

Neither the state nor federal authorities have publicly established that recruiting a candidate to draw votes from an opponent would, by itself, constitute a crime. What investigators would need to establish, and under which statutes, remains unclear.

Feldman pointed to AS 15.56.014, an Alaska statute that prohibits certain false campaign communications, but said it was unclear whether the conduct alleged here would fall within that law. He also noted that violations of Alaska's campaign-finance laws, contained in AS 15.13, can result in criminal prosecution but said there have been no allegations to date involving campaign-finance violations.

Feldman also said that none of the three grounds for contesting an election under AS 15.20.540 appears to fit the conduct alleged so far.

Those provisions cover misconduct, fraud or corruption by election officials sufficient to change the result; the legal qualifications of a person certified as elected; and legally defined "corrupt practices" sufficient to change the result. Feldman said no election-official misconduct has been alleged, no allegations appear to affect Peltola's legal qualifications for office, and the alleged conduct does not appear to fall within the "corrupt practices" defined by AS 15.56.030.

Political parties and their allies have previously supported candidates who could draw votes from opponents, and similar tactics have been employed by both major parties.

Alaska had another fight over an unconventional candidate two years ago. In 2024, the Alaska Democratic Party sued to remove Democratic U.S. House candidate Eric Hafner from the general-election ballot after two candidates who had finished ahead of him withdrew. Hafner was serving a federal prison sentence in New York.

The Alaska Republican Party intervened in the case on the side of the Division of Elections, arguing that Hafner should remain on the ballot. The dispute centered on whether Alaska's election law allowed the Division to successively replace more than one top-four primary finisher after withdrawals. The Alaska Supreme Court ultimately sided with the Division and allowed Hafner to remain on the ballot.

The circumstances differed from this year's Sullivan case, which centered on whether election officials could impose a "good faith" candidacy requirement. But the Hafner case shows that Alaska Republicans have previously intervened in litigation to keep an unconventional candidate on the ballot when Democrats sought his removal.

The Alaska courts have likewise rejected the state's attempt this year to exclude Sullivan Jr. because of his alleged motivation for running.

Feldman said the Alaska Supreme Court's ruling does not restrict the state's ability to investigate whether Alaska law was violated. While there is factual overlap between the earlier case and the new investigation, he said, "the legal issues they trigger are different."

The Justice Department's federal lawsuit presents still another legal issue, relying on federal law and arguing that potential voter confusion involving the two Sullivans could undermine the integrity of the election.

Feldman said Alaska's opposition to that federal lawsuit also would not prevent it from conducting its own investigation.

"The State makes several legal arguments in the federal court case, including a challenge to the standing of the federal government to raise the claims at all and whether the federal statute that the federal government relies on even applies in these circumstances," he said. "Those legal arguments would not be affected by or have any obvious bearing on an investigation."

Election-law experts have also questioned the legal basis for the Justice Department's federal case.

Michael Morley, the Sheila M. McDevitt professor of law and faculty director of the Election Law Center at Florida State University, previously told Newsweek that concerns about voter confusion could be legitimate while describing the DOJ lawsuit itself as "completely meritless."

"The DOJ's lawsuit is based on very real and valid concerns about voter confusion," Morley said. But he added that the department had sued under the National Voter Registration Act without alleging that the statute itself had been violated.

Mark Brown, a professor at Capital University Law School, previously told Newsweek that "no federal statute authorizes the relief the DOJ seeks" and called the lawsuit "frivolous."

Those comments concerned the Justice Department's civil lawsuit, rather than the separate criminal investigation in which the new subpoenas were issued.

Daniel J. Sullivan Jr. will enter the general election registered as an undeclared voter after switching his registration from Republican when he requested an absentee ballot for the August primary, according to records from the Alaska Division of Elections reported by the Alaska Beacon.

Sullivan Jr. was previously a member of the Alaska Independence Party and became a political independent after the party dissolved earlier this year. He switched his registration to Republican when he filed to run for the U.S. Senate.

But when he requested an absentee ballot ahead of the August primary, Sullivan listed his political affiliation as "undeclared," changing his registration again.

The distinction is notable in light of the controversy over his candidacy. Sullivan Jr.'s decision to register as a Republican when he filed was among the factors cited by the Division of Elections when it initially determined that he was not running in good faith.

His current registration is also reflected in how the two Sullivans are presented to voters.

Daniel J. Sullivan Jr. appears on the general-election ballot without a party affiliation beneath his name. The incumbent, by contrast, appears as "Dan S. Sullivan (Registered Republican) Incumbent."

There was also confusion over how Sullivan Jr.'s registration had changed.

When the Alaska Beacon initially contacted him about the switch, Sullivan Jr. said he had not requested it. Division of Elections spokesman Steve Kirch subsequently provided the outlet with a copy of Sullivan's absentee-ballot request showing that he had listed his affiliation as undeclared.

After being shown the document, Sullivan Jr. acknowledged the change.

"Holy cow...I did!" he told the Beacon. Sullivan added that he could "only guess" he had been thinking that because election officials did not give him a party affiliation on the ballot, "I should go with that," adding that he was "frazzled by all of this."

Trump has repeatedly intervened in the dispute and escalated his criticism after publication of the Times investigation.

Trump called for Peltola and Sullivan Jr. to be removed from the ballot and prosecuted, alleging that Democrats deliberately recruited the second Sullivan to deceive voters.

"They said they didn't do it, and they did do it, and they got caught," Trump told reporters on Wednesday, calling the alleged effort "voter fraud at the highest level."

Trump renewed his criticism on Thursday and left open whether Republicans should refuse to seat Peltola in the Senate in January if she wins the election.

Asked about doing so, Trump said: "Well, you're going to have to see what happens. It's hard to believe that she could even be allowed to run. Frankly, I don't know how you can allow somebody like that to run. It's so unfair."

Trump also renewed his argument that voters could confuse the two Sullivans.

"Most people would be inclined to vote for the Daniel, as opposed to the Dan, the way it sets up," he said. "It's very unfair, it's very confusing, and meant to be, it is a fraud."

Vice President JD Vance stopped short of agreeing that Peltola's reported conduct was criminal when asked about Trump's call for her prosecution.

Speaking to reporters on Thursday, Vance said: "Whether it's criminal or not, she certainly has committed, I think, a great moral failing, and hopefully the voters of Alaska punish her."

Trump has not identified a criminal statute that he believes was violated.

The president had already attacked Sullivan Jr.'s presence on the ballot before the Times investigation and took credit for the Justice Department lawsuit after it was filed.

"I'm the one that said 'do it,'" Trump told reporters last Friday.

Attorney General Todd Blanche subsequently defended the lawsuit while saying Justice Department lawyers had developed the case and that the department had not coordinated with a campaign or candidate.

The Justice Department's civil lawsuit and the criminal investigation that produced the new subpoenas are separate proceedings.

Peltola's campaign reiterated its denial of involvement after Dunleavy announced the investigation.

"Mary got in this race because Alaskans deserve a champion who is fighting to lower their costs and put Alaska first, and no tweet or threat from any politician will keep her away from that fight," an Alaskans for Mary spokesperson told Newsweek on Thursday. "The Alaskans for Mary campaign has no involvement with either Sullivan campaign."

Newsweek has asked Peltola's campaign whether the campaign or anyone working for it has received a federal grand jury subpoena, request for documents or records-preservation demand in connection with the investigation.

Sullivan Jr. has maintained that he entered the race independently because he was unhappy with Senator Sullivan's representation.

"It's a free country," he said after courts restored him to the ballot earlier this year, according to Courthouse News Service. "Most Alaskans are proud Independents and it's my sincere hope that people know who and what they are voting for but ultimately, choice is good and voters' intent will be as varied as the candidates who are running."

Senator Sullivan's campaign, however, has accused Peltola and her campaign of misleading voters about the alleged effort.

"Mary Peltola and her campaign have spent months gaslighting Alaskans, denying a scheme they were running all along," spokesperson Nate Adams previously told Newsweek.

Republican Senator Lisa Murkowski has also criticized the conduct described in the Times report, saying "ballot-stacking should have no place in our electoral process."

But Murkowski has separately opposed the DOJ's lawsuit, arguing that Alaska has already distinguished between the two Sullivans on the ballot and saying the department "should never have filed" the case.

Peltola holds a narrow advantage in VoteHub's polling average, which puts her at 49.8 percent to Sullivan's 47.1 percent, a 2.7-point lead.

A New York Times/Siena University poll conducted September 24-October 1 found Peltola ahead 50 percent to 43 percent among 504 likely voters.

An InsiderAdvantage poll conducted October 9-10 found Peltola leading 50 percent to 48 percent among 1,200 likely voters.

The close race has increased attention on the second Sullivan's candidacy. But Alaska uses ranked-choice voting, meaning voters can rank candidates in order of preference. If nobody wins a majority of first-choice votes, the lowest-performing candidate is eliminated and ballots cast for that candidate can transfer according to voters' subsequent choices.

The Alaska contest is among the Senate races that could help determine control of the chamber, where Republicans currently hold a 53-47 majority.

Peltola, a former Alaska congresswoman, is seeking to become the state's first Democratic U.S. senator since Mark Begich was elected in 2008.

The increasingly bitter race now has several overlapping fronts: the campaign between Peltola and Senator Sullivan, allegations surrounding efforts to shape the four-person ballot, a federal criminal investigation, the Justice Department's separate civil lawsuit over the election and the state investigation ordered by Dunleavy.

Those proceedings pose distinct legal questions. The Justice Department has not publicly identified the potential targets or legal theory of its criminal investigation. Its civil lawsuit challenges the state's handling of the election, while Dunleavy's investigation is examining whether conduct surrounding the alleged recruitment effort violated Alaska law.

The courts have already concluded that election officials could not exclude Sullivan Jr. from the ballot under the rationale the state previously advanced.

The new subpoenas raise the stakes by showing that the controversy is now the subject of a federal criminal investigation involving grand jury process, even as it remains unclear who prosecutors are investigating or what potential violations they are examining.

Newsweek reporters and editors used Martyn, our AI assistant, to produce this story. Learn more about Martyn here.

Contact Newsweek editors on this story: Kate Nalepinski and Dave Siminoff.