Two Dan Sullivans on Alaska's Senate Ballot Spark Criminal Probe and Federal Lawsuit Days Before Midterms

Two candidates named Dan Sullivan on Alaska's U.S. Senate ballot have drawn national attention for about six months. With the midterm elections set for Tuesday, the matter has now become a criminal investigation, a federal lawsuit and a political fight that could touch one of the most closely watched races in the country.

A New York Times investigation published Wednesday suggested a co-ordinated effort by people associated with Democrat Mary Peltola's campaign to recruit someone sharing the name of Republican incumbent Dan Sullivan. A Peltola campaign spokesperson had earlier said the campaign had "no involvement with either Sullivan campaign." Since the report, the campaign has not fully addressed the allegations and has called them a "diversion."

The second candidate is Dan J. Sullivan, a retired schoolteacher with no experience in political office who has registered as a Democrat in the past. The incumbent's middle name is Scott. In June, Alaska's Republican lieutenant-governor disqualified the namesake under a state rule barring ballot names that are "confusing or misleading to voters." A state judge reversed that decision, and the Alaska Supreme Court upheld the reversal, finding no statutory or constitutional way to remove someone from the ballot once the candidate qualified to register, whatever the origin of the candidacy.

The stakes are high. Republicans hold a 53-47 Senate majority, and Democrats need four pickups to take control. Alaska has one of the smallest electorates in the country, and Sullivan won in 2014 by about two percentage points, just over 6,000 votes. In August's all-party primary, the namesake, nicknamed "Decoy Dan" by some, received 4,107 votes, about 2 per cent of the total, despite reportedly spending nothing on staff or media.

Reaction has been sharp. Attorney General Todd Blanche said Wednesday that such a scheme "should be" illegal, and President Donald Trump has suggested prosecutions should follow, without naming grounds or individuals. Republican Gov. Mike Dunleavy directed the state's Department of Public Safety to investigate whether criminal or civil offences occurred, saying that "deliberately tricking voters into casting their ballots for someone else strikes at the integrity of our elections." Republican Sen. Lisa Murkowski has called on Peltola to explain what she knew.

Days before the Times report, the Justice Department sued to stop Alaska from certifying a Peltola win if Dan J. Sullivan remains on the ballot. Trump said he ordered the suit. Experts are doubtful of its prospects, and the Wall Street Journal's editorial page called it a "legal Hail Mary." Derek Muller, a University of Notre Dame law professor, told the Associated Press that "the statute simply doesn't let the Department of Justice enjoin certification."

UCLA law professor Rick Hasen called the Times report a "bombshell" and said perjury prosecutions were possible if someone lied about involvement. He did not think it changed the outlook for the lawsuit, and he saw no way for the government to criminalize the namesake's campaign. Otherwise, he argued, it could be a crime "every time that the Republican Party backs a Green Party candidate."

Democrats have defended the move as political hardball and pointed to Republican-led efforts elsewhere to place diversionary candidates on ballots. They also allege Republicans were behind a 2024 scheme to put an incarcerated candidate on the ballot to draw votes from their preferred U.S. House candidate. He is running again this year. Democrats add that voters have been flooded with coverage distinguishing the two men, and that a voter could simply leave Peltola unranked.

Alaska has used ranked-choice voting since 2022, and some local editorials and the Wall Street Journal argue it invites confusion and sham candidates. Ballots can no longer be changed. The namesake appears as "Daniel J. Sullivan Jr." with no party label, while the incumbent is listed as "Dan S. Sullivan (Registered Republican) Incumbent." Murkowski, who criticized the Justice Department suit last week, said "Alaskans don't need any help voting for their preferred candidates."