The Department of Justice filed an amended complaint in Anchorage federal court Thursday, escalating its lawsuit over Alaska's Senate race amid allegations that Democrat Mary Peltola's campaign recruited a retired schoolteacher named Dan J. Sullivan to confuse voters.
The Department of Justice filed an amended lawsuit Thursday targeting the potential certification of Alaska's Senate election, escalating a legal fight it argues has been tainted by the candidacy of a retired schoolteacher who shares the name of incumbent Republican Sen. Dan Sullivan.
The amended complaint, filed in Anchorage federal court, adds a new legal claim under the Supremacy Clause of the U.S. Constitution and incorporates details from a New York Times article published Wednesday alleging that members of Democratic nominee Mary Peltola's campaign worked to recruit the retiree, Dan J. Sullivan, into the race.
The DOJ's original lawsuit, first filed on Oct. 23, seeks to prevent Alaska from immediately certifying any Senate election result "that may be impacted by voter confusion ... pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan." President Donald Trump has publicly stated he ordered the department to bring the suit.
In the amended complaint, the DOJ accused Peltola's campaign and the Democratic Senate Campaign Committee of misleading Judge Sharon Gleason by claiming in recent court filings that they lacked knowledge about why the retired teacher entered the race earlier this year. "The New York Times has reported that Alaskans For Mary and the DSCC were well aware of the purposes of Daniel J. Sullivan's candidacy: they orchestrated his sham campaign for the purpose of misleading Alaskan voters and getting Peltola elected," the DOJ said.
In a separate filing Thursday, the DOJ argued that its new Supremacy Clause claim rendered pending motions to dismiss — brought by the state, Peltola's campaign, the DSCC, and others — moot, citing 9th Circuit precedent. Judge Gleason had given the department until 5 p.m. Alaska Time Thursday to respond to those dismissal motions, but had not yet ruled on whether they are now moot.
Alaska Gov. Mike Dunleavy, a Republican, moved swiftly on his own front, ordering the state Department of Public Safety late Wednesday to investigate whether the alleged recruitment of the retired teacher violated criminal or civil laws. Dunleavy cited the Times report as the basis for the probe.
Alaska's Division of Elections Director Carol Beecher and other state election officials pushed back sharply, filing a motion asking Gleason to expedite dismissal of the amended complaint. "Rather than filing a substantive opposition to the Division's motion to dismiss, the United States has filed an amended complaint adding a second — but equally meritless — count," the motion said. "In the context of these expedited proceedings, the Court should not tolerate this gamesmanship."
Peltola's campaign and the DSCC were equally pointed in their own late-Thursday dismissal motion, disputing the allegation that they misled the court. "The only one who could possibly know Daniel J. Sullivan's true reasons for filing as a candidate is Daniel J. Sullivan," the filing said, adding that the amended complaint "adds nothing of substance to the original complaint" and amounts to "a transparent attempt to keep this case alive for a few more days to cast a pall over the upcoming election."
Peltola's campaign, in a statement to CNBC responding to Dunleavy's investigation order, said, "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."
NBC News separately reported Thursday that the DOJ has issued at least three dozen new subpoenas and document preservation requests to Peltola's campaign offices and those of the retired teacher Sullivan.
With Election Day set for Nov. 3, the outcome carries significant political weight — the winner of the Alaska Senate seat could affect the balance of power in a chamber where Republicans currently hold a six-vote majority, making Judge Gleason's forthcoming rulings among the most consequential pre-election decisions in the country.
Jay Goldberg is a staff writer at TechEchelon covering technology, markets, and policy. He files the breaking news and deal coverage that move the publication's core desks.
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