Election Day: DOJ Told Marc Elias He May Be a Target in Alaska Senate Probe, Two People Familiar Say; ICE Warns Noncitizens Not to Vote

Since voting began this morning, Nov. 3, the fight over who controls Congress has picked up a legal sideshow in Alaska and a federal warning about noncitizen voting.

The Alaska Senate inquiry

Two people familiar with the matter, speaking anonymously because the investigation is ongoing, say the Trump administration has notified prominent Democratic attorney Marc Elias and others that they may be targets of a Justice Department inquiry. The inquiry centers on Dan J. Sullivan, a retired teacher running for Senate in Alaska who shares a first and last name with Republican incumbent Dan S. Sullivan.

President Trump has said the second Sullivan's candidacy will confuse voters. The New York Times has reported that Democrat Mary Peltola's campaign appeared to be involved in recruiting Dan J. Sullivan. The FBI has also visited a donor to the retired teacher in the candidate's hometown, as the inquiry has widened.

Elias rejected the premise in a statement Tuesday. "This administration has repeatedly weaponized the DOJ against the President's political enemies despite zero evidence of wrongdoing, and we are the latest targets," he said.

No charges have been announced. Being told that someone may be a target is not an indictment.

ICE posts a warning on Election Day

U.S. Immigration and Customs Enforcement posted on X today: "If you vote illegally, we will find you. We will track you down, arrest you, and prosecute you. There will be no escape." The agency also posted through the day about arrests of noncitizens accused of voting. It did not respond to requests for comment on the message.

Barring noncitizens from voting is a legitimate enforcement goal, and the administration has defended its efforts as lawful measures to prevent it. But the arrest numbers and earlier state investigations show the problem is rare, according to the AP's review of the record.

David Becker, executive director of the Center for Election Innovation & Research, called the ICE post unfortunate.

The federal posture is also being fought in court. Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries are among the plaintiffs in a federal suit in Washington, D.C., filed about two weeks before the election. They allege the Department of Homeland Security pressured states to review unreliable lists of suspected noncitizens and that federal officials threatened local election administrators to get compliance. The suit argues that deciding who stays registered belongs to the states. The Trump administration says its work is lawful.

Schumer put it bluntly on X: "Trump knows he can't win a fair fight, so he's resorted to bullying election officials into stripping Americans of their right to vote."

The Justice Department has also confirmed it will deploy 1,000 election monitors during the midterms.

What the numbers look like heading into tonight

More than 46 million Americans voted early, and 14 states had already topped their 2022 early-vote totals by Oct. 29, according to figures cited by The Epoch Times. In mid-October polling by Pew Research, about three-quarters of respondents in both parties agreed that it really matters who wins.

An Oct. 15 AP-NORC poll found the economy (85 percent) and cost of living (84 percent) topped voter concerns. Democrats have centered their closing pitch on Trump's approval rating, the Iran war and affordability. Republicans have leaned on social issues.

The Center for Responsive Politics projects a record $11.9 billion in campaign spending this cycle, up from $8.9 billion in 2022. It estimates Democrats at $5.5 billion and Republicans at $5.1 billion.

Democrats need to flip four Senate seats and three House seats. The Senate fight centers on Alaska, Iowa, Kansas, Maine, Michigan, Ohio and Texas.

In Texas, a Fox News poll of 1,398 likely voters conducted Oct. 15-19 had Republican Ken Paxton and Democrat James Talarico tied at 49% each, with a margin of error of plus or minus 2.5 points. The same poll found 69% of Democrats extremely interested in the election, against 61% of Republicans.

Other races on the ballot

In Maryland, voters are deciding Amendment 3, which would make it easier for Democratic lawmakers to redraw congressional lines and potentially carve up Republican Rep. Andy Harris's Eastern Shore district. Cook Political Report lists Harris as favored for reelection.

In Los Angeles and Washington, D.C., mayoral candidates aligned with the Democratic Socialists of America are on the ballot: Nithya Raman in L.A. and Janeese Lewis George in D.C. Both cities would follow New York, which elected democratic socialist Zohran Mamdani in 2025, if they win.

Polls begin closing at 7 p.m. ET tonight. Whether the Alaska inquiry produces any charges, and whether the Schumer-Jeffries suit forces changes to federal voter-roll pressure on the states, will be settled after the votes are counted.