By Jacob Bogage, Luc Cohen and Bo Erickson
ROCK HILL, South Carolina, Oct 29 (Reuters) – President Donald Trump’s administration filed a revised lawsuit on Thursday seeking to block Alaska’s election results if Republican incumbent Dan Sullivan narrowly loses and, according to a person familiar with the matter, issued more than 40 subpoenas and document requests in its probe.
The revised complaint by the US Justice Department cited a New York Times report that Democratic operatives recruited another candidate named Sullivan who could siphon votes from the incumbent. The Justice Department said the effort was intended to mislead voters and help elect Democratic candidate Mary Peltola.
The suit raises the prospect of a messy fight over a contest that could determine US Senate control in next Tuesday’s midterm elections. Republicans hold a 53-47 majority, while Democrats need a net gain of four seats.
“They orchestrated his sham campaign for the purpose of misleading Alaskan voters and getting Peltola elected,” lawyers for the Justice Department wrote in their amended complaint, referring to a retired teacher named Daniel J. Sullivan Jr., who is on the ballot without a party affiliation.
Alaska Governor Mike Dunleavy also called for a state investigation into the allegation and said in an interview with News Nation that any finding of illegality “may in fact impact whether someone is seated in the US Senate.”
Peltola’s campaign did not immediately respond to the amended complaint but has previously said it had “no involvement with either Sullivan campaign.”
The Times reported on Wednesday that Peltola aides worked with campaign lawyers and staff at the Democratic Senatorial Campaign Committee to recruit two candidates who could siphon votes from the incumbent Republican Sullivan, including Daniel J. Sullivan Jr.
Peltola’s former campaign manager, Elisa Rios, who was fired in August, told the Times that Peltola was aware of the effort.
The DSCC has denied involvement and accused Republicans of propping up candidates of their own in other races. Reuters was unable to independently verify the Times report.
Daniel J. Sullivan has previously denied in interviews with US news outlets that his aim is to cause confusion or divert votes from Dan S. Sullivan.
TRUMP HAD PUSHED THE CASE
Trump, who for years has sowed doubts about the fairness of US elections, had pushed the Justice Department to bring the Alaska case even before the Times report, seeking to preemptively block Alaska from certifying Peltola, a former congresswoman, if she were to win the election.
Trump told reporters earlier on Thursday: “It’s hard to believe that she could even be allowed to run. Frankly, I don’t know how you can allow somebody like that to run. It’s so unfair.”
Jessica Levinson, a professor who specializes in election law at Loyola Law School in Los Angeles, said that as long as Daniel J. Sullivan, the challenger to the incumbent, didn’t conceal financial support, his campaign likely didn’t break any laws and political parties are allowed to mislead the public.
Policing such behavior would open the door to the government investigating why candidates choose to run and why voters support them, she said. “To the extent that people are uncomfortable with two Sullivans, I would offer you’re probably going to be uncomfortable with a really high level of government intrusion into our elections as well.”
The Department of Justice has also escalated another legal campaign in California, where it has been investigating alleged voting by noncitizens.
The Los Angeles County Registrar-Recorder’s office received grand jury subpoenas as part of the probe, according to copies of subpoenas seen by Reuters on Thursday.
The subpoenas, dated last week, seek records related to the county’s response to prior letters from the Trump administration warning of evidence that noncitizens are on the state’s voter roll. They also seek documents about the county’s efforts to prevent noncitizens from voting.
California has previously said the state’s safeguards against noncitizen voting are robust.
A Justice Department spokesperson declined to comment.
ELECTION DAY NEARS
As campaigning enters its final few days, the White House has shelved plans for Trump to appear on Saturday in Kansas, the site of an unexpectedly competitive Senate campaign, a Republican campaign official said.
“I don’t feel like I have to go to Kansas,” Trump told reporters.
Instead, the president will participate in more than 20 virtual campaign appearances before Tuesday, a White House official said.
Trump held a rally in Rock Hill, South Carolina, on Thursday, his second visit in two weeks to a state where opinion polls show an unexpectedly close Senate race between Republican Darline Graham and Democrat Annie Andrews.
Speaking about the hotly contested Michigan Senate race, where progressive Democratic nominee Abdul El-Sayed holds a small lead in most polls over Republican Mike Rogers, Trump continued his identity-based attacks on El-Sayed, a Muslim, by saying at the rally that “if you’re Black or if you’re Jewish, and if you vote for Abdul, you’re crazy.”
With control of the Senate at stake, both parties are deploying their biggest names in the closing days of the campaign, with Trump stumping for Republicans and former President Barack Obama and former Vice President Kamala Harris campaigning for Democrats in competitive races.
Harris stumped in Macon, Georgia, at a get-out-the-vote effort. Democrats are aiming to reelect Senator Jon Ossoff, who leads in polling, and hope that Keisha Lance Bottoms, locked in a tight race, can become the first woman elected as governor in the state.
Trump’s approval rating stood at 32% in a Reuters/Ipsos poll completed on Monday, near a record low, as Americans sour on the high cost of living and the war with Iran.
More than 44 million Americans had already voted as of Thursday evening, according to the University of Florida’s Election Lab. A total of 45.9 million voted early in the 2022 midterms.
(Reporting by Jacob Bogage in Rock Hill, South Carolina, Luc Cohen in New York and Bo Erickson in Washington, additional reporting by Andrew Goudsward, Richard Cowan, Nolan D. McCaskill, Ryan Patrick Jones, Tom Hals, Katharine Jackson; Writing by Brad Brooks and Costas Pitas; editing by Scott Malone, Howard Goller and Stephen Coates)
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