Alaska Gov. Mike Dunleavy (R) ordered the state Department of Public Safety on Wednesday, October 28, to investigate whether a Democratic campaign effort to recruit a second candidate named Dan Sullivan violated state laws. The investigation follows a New York Times report detailing communications among aides for Democratic challenger Mary Peltola and the Democratic Senatorial Campaign Committee (DSCC) regarding the recruitment of a candidate who shares the same name as the Republican incumbent, Sen. Dan Sullivan.
Republicans have alleged the second Sullivan is a "spoiler" intended to siphon votes from the incumbent through voter confusion. The non-incumbent Sullivan, who advanced through Alaska’s nonpartisan primary, has previously stated the decision to run was his own. Both the Peltola campaign and the DSCC issued denials of the reported coordination following the publication of the Times story.
The U.S. Justice Department (DOJ) also filed an amended complaint on Thursday, October 29, in an existing lawsuit that seeks to delay election certification if the incumbent Sullivan loses by a narrow margin. The DOJ cited the new reporting as grounds for expanded investigative options. While the Alaska Supreme Court ruled in June that the second Sullivan could legally remain on the ballot, state investigators are now tasked with determining if the alleged recruitment scheme warrants criminal or civil action.
For Alaska’s voters, the presence of two candidates with the name "Dan Sullivan" on the ballot is the primary point of impact. While the ballot specifies which Sullivan is the Republican incumbent, the DOJ argues that confusion could still occur. Under Alaska's ranked-choice voting system, some experts suggest a person who intends to vote for the incumbent but is confused could rank both Sullivans. Conversely, some experts suggest the high volume of news coverage regarding the two candidates may actually decrease the likelihood of accidental errors by the time voters cast their ballots.
The investigation by the Department of Public Safety will proceed as the general election concludes. Beyond the Senate race, Alaskans are also voting on a ballot measure to decide whether to keep or repeal the state's ranked-choice voting system itself. The results of the investigation could set a precedent for how "spoiler" recruitment is handled under state law, though it remains unclear which specific statutes may have been violated. Further court dates regarding the DOJ's amended complaint have not yet been reported.