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Dunleavy orders state criminal investigation into Peltola campaign ballot-stacking allegations
Election experts say tactic is common and generally legal; governor declares ‘tricking voters into casting their ballots for someone else strikes at the integrity of our elections’
By Mark Sabbatini
Juneau Independent
Gov. Mike Dunleavy announced Wednesday night he is directing the Alaska Department of Public Safety to investigate allegations the campaign for Democratic U.S. Senate candidate Mary Peltola collaborated with others to recruit spoiler candidates with the same name as Republican incumbent Dan S. Sullivan.
The Republican governor is a strong supporter of Sullivan as well as President Donald Trump, who on Wednesday said Peltola should be prosecuted for the allegations reported by The New York Times. The accusations focus largely on the candidacy of Dan J. Sullivan, a retired Petersburg teacher, who the Times reports was recruited by the Peltola campaign and Democratic party officials, contrary to months of denials from all of any such collaboration.
The Times story also noted the practice known as "ballot stacking" is common in campaigns and generally legal.
Alaska Division of Elections Director Carol Beecher, a Republican appointed by Dunleavy, removed Dan J. Sullivan from the ballot earlier this year, declaring him a sham candidate whose purpose was to trick voters. The Alaska Supreme Court overruled that decision, ruling the state’s authority is limited to constitutional requirements such as age and residency — not a candidate’s intentions.
Dunleavy, in a social media message at about 9 p.m. Wednesday, declared the Times story "substantially supports the Division’s findings."
"I am therefore directing the Department of Public Safety to investigate whether this scheme violated Alaska’s laws and whether criminal charges or civil action are warranted," he wrote.
"Alaskans have a fundamental right to vote for the candidate they actually intend to support. Deliberately tricking voters into casting their ballots for someone else strikes at the integrity of our elections," Dunleavy added. "Anyone or any organization found to have broken the law must be held accountable."
An inquiry by the Juneau Independent to the Peltola campaign late Wednesday night did not receive an immediate response.
The Trump administration last Thursday filed a lawsuit against the state seeking to halt its certification of the race if Dan S. Sullivan loses by fewer votes than Dan J. Sullivan gets. The Alaska Department of Law, in a response, argues the federal government does not have such authority to intervene in a state election.
Rick Hasen, principal author of the Election Law Blog, stated in a post Wednesday the Trump-ordered lawsuit appears to lack legal standing — and referenced another post that claims of conspiracy or willful misleading of voters by a campaign or candidate are also legally questionable.
"I don’t see how the government could criminalize (Dan J. Sullivan) running for office for having impure motives," Hasen wrote. "And if it could do so, then it could be a crime every time that the Republican Party backs a Green Party candidate, or Democrats support a MAGA candidate in a primary in the hopes that the candidate would be weaker against a Democrat in the general election. This stuff happens all the time."
"It would be quite dangerous for the state to start criminally prosecuting people for their political beliefs and secret motives. Are we going to put people on trial and probe their political allegiances?"
• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.
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