DOJ sends letters in Alaska spoiler candidate probe

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(The Center Square) — Federal officials sent letters on Tuesday to people suspected of recruiting an alleged spoiler candidate in Alaska’s U.S. Senate race, in a move to possibly bring federal charges in the consequential case.

Marc Elias, founder of Elias Law Group, said top leadership at his firm received letters from the U.S. Department of Justice regarding its probe into the election investigation. Elias Law Group represents the Democratic Senatorial Campaign Committee and Democratic candidate Mary Peltola’s campaign.

Federal officials accused individuals from Mary Peltola’s campaign and the DSCC of conspiring to recruit a spoiler candidate with the same name as incumbent Sen. Dan Sullivan, R-Alaska. Daniel J. Sullivan, a schoolteacher from Petersburg, entered the race and is on Alaska’s ballot in the pivotal battle for control of the upper chamber in Congress.

“Elias Law Group attorneys proudly count themselves among this President’s political enemies, and we are proud to represent Democratic campaigns and progressive organizations that fight back against him every single day,” Elias wrote in a statement posted online.

A New York Times investigation alleged individuals associated with Peltola’s campaign worked to recruit spoiler candidates in Alaska’s race for U.S. Senate. The Justice Department folded allegations from the investigation into an updated lawsuit to block certification of Alaska’s Senate race if Sen. Sullivan narrowly lost.

“Although what the New York Times reports is not always true, its reporting here aligns with what the United States has been alleging on information and belief. It also aligns with common sense,” lawyers for the Justice Department wrote in an amended complaint.

On Sunday, a federal judge in Alaska dismissed the Justice Department’s lawsuit. U.S. District Judge Sharon Gleason said the DOJ did not have authority to intervene in Alaska’s election process.

"Requiring the segregation of ballots cast by voters for Daniel J. Sullivan so that these voters can be further investigated by law enforcement is not a remedy that this Court can or should order as it clearly violates Alaskans’ right to a secret ballot," Gleason said in a court order.

Walter Olson, a senior fellow at the Cato Institute, said the case in Alaska does not have strong constitutional grounds to rely on. He criticized the lawsuit’s proposal to sort through ballots in order to determine the motivation of a voter in Alaska.

“The state has done what it reasonably could to reduce confusion further and to make sure that people are not inadvertently voting for the one when they intended to vote for the other,” Olson told The Center Square.

Election officials in Alaska included Daniel J. Sullivan’s middle initial, excluded his party affiliation, and noted Dan S. Sullivan’s incumbent status on the ballot voters will see throughout the state.

The Justice Department did not immediately respond to The Center Square’s request for comment about letters sent to members of the Elias Law Group. Officials also did not respond when asked about a particular timeline for appealing the lower court’s decision.

The Justice Department is expected to appeal in the case. Federal and state officials are continuing an investigation into the controversy after Alaska Gov. Mike Dunleavy ordered a probe. 

“We will not be intimidated by a sham investigation," Elias wrote. "We are going to keep working around the clock to support our clients and make sure President Trump and his party enjoy a well-deserved beating at the ballot box.”