(The Center Square) - The U.S. Department of Justice amended its lawsuit on Thursday over spoiler candidates in Alaska’s U.S. Senate race following public reports.
Lawyers for the U.S. Justice Department filed an amended complaint that included updated allegations from an investigation published by the New York Times on Wednesday. The investigation detailed efforts by individuals associated with Democratic candidate Mary Peltola’s campaign to recruit a spoiler candidate with the same name as incumbent Republican U.S. Sen. Dan Sullivan.
“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.
Lawyers for the department urged a federal judge in Alaska to block certification of the U.S. Senate race if Daniel J. Sullivan, a schoolteacher from Petersburg, remains on the ballot.
“Should Alaska certify any electoral results tainted by the inclusion on the ballot of Daniel J. Sullivan, the State and its officers will fail in their obligations to protect the integrity of its election and obstruct Congress’s purposes and objectives in enacting various election integrity laws,” lawyers from the DOJ wrote.
The Justice Department cited various details of the New York Times investigation and named individuals who allegedly contributed to recruiting an additional "Dan Sullivan" to participate in the high-stakes race. The complaint included Jerid Kurtz, a Democartic operative who has been accused of recruiting Daniel J. Sullivan to participate in the race.
Lawyers alleged Daniel J. Sullivan took steps to deceive Alaska voters that he was the incumbent Republican senator. He requested to be affiliated with the Republican party on the ballot and used a similar campaign website format and color scheme, according to the complaint.
“This suggests an intention not to distinguish yourself from the incumbent Senator as any candidate genuinely seeking office would do, but to confuse Alaskans as to which ‘Dan Sullivan’ is which,” lawyers for the DOJ wrote.
The complaint also cited text messages reviewed by the New York Times in its investigation. The lawyers cited a celebratory text message sent to multiple individuals associated with the Peltola campaign and the Democratic Senatorial Campaign Committee once Daniel J. Sullivan’s candidacy was approved for the general election ballot.
“As one DSCC employee wrote in an internal group chat: ‘Other Dan won, will be on ballot.’ ‘Three people – two Peltola aides and a member of the D.S.C.C. staff – reacted with heart emojis,’” the lawyers wrote in a complaint, citing the New York Times investigation.
The race between Peltola and Incumbent Sen. Sullivan is one of the closest in the country and could determine partisan control of the U.S. Senate. Justice Department officials acknowledged that many polls place the race between one or two percentage points.
“There is a realistic chance that, even if a majority of Alaskans wish to vote for Senator Sullivan, Daniel J. Sullivan’s presence on the ballot will result in a victory for Peltola,” the lawyers said.
Alaska Gov. Mike Dunleavy ordered an investigation into the U.S. Senate race. The Justice Department also cited the ongoing state investigation in its complaint.
"Deliberately tricking voters into casting their ballots for someone else strikes at the integrity of our elections," Dunleavy wrote in a post on social media. "Anyone or any organization found to have broken the law must be held accountable."
In an earlier filing to the court, lawyers for the DSCC and Peltola’s campaign denied knowledge of or involvement in Daniel J. Sullivan’s campaign.
“Proposed Intervenors lack knowledge or information sufficient to form a belief about the truth or falsity of the allegation concerning the purposes of Daniel J. Sullivan’s candidacy and therefore deny any allegation about those purposes,” lawyers for Petola’s campaign wrote.
Lawyers from the Justice Department cited details in the New York Times investigation alleging the Peltola campaign's lawyers were involved in conversations to recruit Daniel J. Sullivan and other candidates in Alaska to refute their claims.
The Justice Department did not immediately respond to The Center Square's request for confirmation over whether it would issue subpoenas to individuals involved in the report.