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Trump Administration Seeks Court Order to Set Aside Some Alaska Senate Ballots

The Trump administration asked a federal judge Friday to order Alaska election officials to set aside all Senate ballots that rank candidate Dan J. Sullivan, as part of an investigation into his candidacy, NBC News reported. It wants a ruling before Monday.

The request is the latest step in a fast-moving federal effort in Alaska that includes a civil case aimed at blocking the state from certifying its Senate results and, prosecutors acknowledged, a parallel criminal case.

What the Justice Department is asking for

In a court filing, Associate Attorney General Stanley Woodward wrote that state officials should preserve and separate ballots ranking Dan J. Sullivan to investigate whether voters were confused when they ranked him, if such an investigation becomes necessary. He argued that the steps would be impossible after Election Day, which he said justified fast action.

According to NBC News, the filing did not lay out how ballots would be reviewed or how looking at a ballot would show that a voter was confused. Alaska uses ranked choice voting, and four candidates are on the Senate ballot. Elections there are run by state officials under state law.

Why the Sullivan name is at the center

Two candidates share a last name: Republican Sen. Dan S. Sullivan, the incumbent, and Dan J. Sullivan, a former school teacher. The administration stepped up its involvement after The New York Times reported this week that Democrat Mary Peltola's campaign was involved in recruiting Dan J. Sullivan to run against the senator.

Peltola has denied any involvement. At a campaign rally Friday evening, she told supporters she was deeply offended by the accusations and said she wants fewer candidates, not more. The Democratic Senatorial Campaign Committee has also said it was not involved with Dan J. Sullivan.

Other filings and the criminal inquiry

Woodward and U.S. Attorney Michael Heyman made three other filings Friday in the civil case. One asks for quick sharing of internal and external conversations from Peltola's campaign about recruiting Dan J. Sullivan. Another seeks the same kind of material from the Democratic Senatorial Campaign Committee. The third asks for a preliminary injunction.

Heyman held a news conference in Alaska shortly before the filings and acknowledged the parallel criminal case. He declined to say which crimes prosecutors are examining, citing the ongoing investigation, and said the new reporting led to a significant surge of law enforcement assets in Alaska. As of Thursday, the Justice Department had issued at least three dozen new subpoenas and document preservation requests, including to the campaign offices of Peltola and Dan J. Sullivan.

President Donald Trump, who has urged legal action against Peltola and the second Sullivan, said Friday he does not know how the senator can win with the current ballot, calling the situation fraud. Trump has said repeatedly that Dan J. Sullivan should be removed from the ballot.

Earlier this week, Sen. Sullivan told Fox News host Sean Hannity how supporters should fill out their ballots. He said they should rank him first, Gerald Heikes second and the other Sullivan third, and not rank Peltola.

What this means for Alaska voters

If the judge grants the request, ballots that rank Dan J. Sullivan would be segregated by election officials, though the filing does not say what would happen to them afterward. Peltola warned supporters that some voters may be discouraged by the allegations and urged them to vote anyway.

The judge has not yet ruled on the Friday filings, including the request for a preliminary injunction, according to the reporting.

Around Prague, based on reporting by NBC News

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