Judge Dismisses DOJ Suit Over Alaska Senate Ballots, Justice Department Appeals as FBI Visits Donors to Second Dan Sullivan

Since Trump said last week he wanted Democrat Mary Peltola prosecuted over the presence of a second Dan Sullivan on Alaska's Senate ballot, the dispute has moved from a presidential demand to grand jury subpoenas, FBI doorstep visits and, today, Nov. 1, a federal court defeat for the Justice Department.

U.S. District Judge Sharon Gleason dismissed the DOJ's lawsuit, which sought a court-ordered investigation into whether votes for retired teacher Daniel J. Sullivan were meant for Republican Sen. Dan S. Sullivan, and to block certification of the race if the incumbent loses. She called the relief sought "infeasible" because many voters have already cast ballots.

"More fundamentally, the United States provides no workable plan as to how it proposes to segregate ballots cast for Daniel J. Sullivan on Election Day and then conduct a court-ordered unspecified 'investigation' of those ballots in a manner that would preserve voter secrecy," Gleason wrote.

The state had argued the case lacked merit and that the question could not be answered without violating ballot secrecy.

DOJ appeals within hours

The Justice Department filed a notice of appeal shortly after the ruling. A department spokesperson said: "Alaskan voters deserve a fair election, not to be misled in an attempt to rig outcomes."

The suit was filed less than two weeks before Tuesday's ranked-choice election, with early voting already underway. That timing is part of what Gleason's ruling turned on.

The Democratic Senatorial Campaign Committee called the ruling "a victory for democracy," with executive director Devan Barber saying "no one, no matter how powerful, can toss out free and fair elections just because they don't like the result." Peltola's campaign called the federal effort a "sham investigation" and a "baseless lawsuit from a weaponized Department of Justice."

FBI agents knock on donors' doors

The criminal side of the matter is moving separately from the civil suit. FBI agents have contacted donors to Daniel J. Sullivan in at least two remote Alaska communities and, according to the Associated Press, a couple in Massachusetts.

Paul Johnsen of Petersburg told MS NOW that two agents came to his home Saturday morning to "investigate a fraud" and asked whether he had intended to give to Daniel J. Sullivan rather than the senator. He said yes, and the conversation ended after about three minutes.

In Petersburg, an Anchorage-based agent left a business card at a boat dealership for Charles Flint, who gave $500 over the summer. Flint told the AP he does not feel misled. "Everybody knows who the incumbent is," he said, adding that he plans to rank Peltola first and Daniel J. Sullivan second.

Two other agents interviewed a donor in Sitka. That donor, who asked not to be named, described the agents as polite and the roughly five-minute conversation as voluntary. State Rep. Rebecca Himschoot, an independent who represents the region, said another constituent found the visit "alarming and concerning." The FBI declined comment.

What federal prosecutors have disclosed

U.S. Attorney Michael Heyman told reporters in Anchorage that the federal investigation has run for several months, and that a New York Times investigation prompted a "significant surge of law enforcement assets to Alaska."

The Times traced the recruitment effort to Democratic operatives working with Peltola campaign staff and the DSCC, beginning in summer 2025. Its reporting says a Peltola staffer was told to search voter records for registered Alaskans named Dan Sullivan, and that Jerid Kurtz of Ohio used aliases and burner phone numbers to find a candidate. Those are the Times' findings, not court findings.

A U.S. official told NBC News that investigators have issued at least three dozen subpoenas and preservation requests. The AP reported grand jury subpoenas, and ABC News reported that prosecutors are examining whether the effort could violate federal conspiracy statutes. The Daily Wire reported that subpoenas went to both Peltola's campaign and Daniel J. Sullivan's.

No charges have been filed against Peltola, her campaign, Daniel J. Sullivan or anyone else. In the sources, Daniel J. Sullivan himself has not publicly responded to the allegations.

Trump and Dunleavy raise the stakes

Speaking at a Mar-a-Lago Halloween party Saturday night, Trump called the matter "voter fraud at the highest level." Of Daniel J. Sullivan, he said, "Nobody can find him now, so he knows he's guilty." He also suggested, without offering details, that Democratic leaders outside Alaska were involved and should be prosecuted.

Republican Gov. Mike Dunleavy has ordered a state investigation into the recruitment. Asked by NewsNation whether he would certify a Peltola win while she is under investigation, he said: "If we conclude that there are things that should not have happened, that are illegal, we will act on that, and that may in fact impact whether somebody is seated in the U.S. Senate."

Sen. Sullivan said Sunday that he would accept the election results even if he loses. He and his allies have spent months describing the second Sullivan as a sham candidate meant to confuse voters and help Peltola.

Some Alaskans told MS NOW they fear the federal activity is laying groundwork to dispute a Peltola win. The Justice Department's stated position is that voters may have been deliberately misled.

What comes next

The Justice Department's appeal now goes to a higher court, with the election on Tuesday, Nov. 3. Ranked-choice counting and certification will follow, and neither the grand jury nor Dunleavy's state inquiry has announced a timeline. Whether either produces charges, or any action on certification, is the open question after the votes are counted.