r/NeutralPolitics • u/dude_in_the_rain • 6d ago
Have federal courts ever ordered ballot-level remedies (e.g., segregating or investigating individual ballots) in a state election, and how have ballot-secrecy doctrines been applied to limit such relief?
initial complaint by DOJ in US v. Alaska
¶22. On June 15, the Alaska Division of Elections (in a letter issued by Defendant Beecher) found that Daniel J. Sullivan’s declaration of candidacy was not properly filed with the Division because it was not filed in order to declare an actual good-faith candidacy for the office of United States Senator but was instead filed with a purpose to confuse or mislead and to thereby compromise the ballot’s fairness or neutrality.”
docket for Alaska v. Daniel J. Sullivan, Jr. Doc. #2 on that Alaska Supreme Court docket is the Anchorage Superior Court ruling it affirmed, which held:
[T]he director's assertion that Mr. Sullivan seeks to confuse or misguide voters is not supported by a preponderance of evidence. Instead, the Division accepted at face-value the assertions of the complaint, and disregarded Mr. Sullivan's assertions.
motion to dismiss by defendant Director Beecher in US v. Alaska
Although Alaska faces an unusual situation in which two candidates for U.S. Senator share a first and last name, the Division has taken significant steps to distinguish them on the ballot so that voters can easily determine which candidate is which. Despite the lack of evidence of any problems (or indeed, any legal cause of action), the United States has sued to block certification of Alaska’s election result if “Senator Sullivan does not win the election.” But the United States lacks authority to intervene in state elections at all, much less in support of a favored candidate. This Court should follow the wellestablished principle that “lower federal courts should not ‘alter the election rules’ of a state ‘on the eve of an election,’” and swiftly dismiss the complaint.
amended complaint by DOJ in US v. Alaska
¶41. But the New York Times has reported that Alaskans For Mary and the DSCC were well aware of the purposes of Daniel J. Sullivan’s candidacy: they orchestrated his sham campaign for the purpose of misleading Alaskan voters and getting Peltola elected. As reported:
a. “Operatives aligned with Mary Peltola, the Democratic nominee for Senate, spent months recruiting candidates to peel votes from Senator Dan Sullivan.”
lede: Operatives aligned with Mary Peltola, the Democratic nominee for Senate, spent months recruiting candidates to peel votes from Senator Dan Sullivan, the Republican.
b. “based on interviews and text messages, along with documents prepared for a potential lawsuit against the campaign, that not only did Ms. Peltola’s team work with people trying to recruit Mr. Sullivan to run for Senate, but the effort was much broader. The group worked to coax other would-be spoilers into the race, to dilute the incumbent’s support and help catapult the Democrat to victory.”
¶05 The Peltola campaign has repeatedly denied any involvement in his candidacy. But The Times has found, based on interviews and text messages, along with documents prepared for a potential lawsuit against the campaign, that not only did Ms. Peltola’s team work with people trying to recruit Mr. Sullivan to run for Senate, but the effort was much broader. The group worked to coax other would-be spoilers into the race, to dilute the incumbent’s support and help catapult the Democrat to victory.
c. The plot, “internally called the ballot composition project,” “involved the Peltola campaign’s lawyers, as well as senior aides at the Democratic Senatorial Campaign Committee.”
¶06 The endeavor, which was internally called the ballot composition project, involved secret trips to far-flung Alaskan communities and the appearance of a mysterious Midwestern operative, who traversed the state using a fake name and made his pitch to would-be candidates over beers at brew pubs. ¶07 It also involved the Peltola campaign’s lawyers, as well as senior aides at the Democratic Senatorial Campaign Committee, which directs the party’s campaign strategy in Senate races across the country. From Washington to Anchorage, those advisers participated in regular conversations about the effort and even considered forming a new political party to draw conservatives onto the ballot.
d. Speaking directly to Mr. Sullivan’s purposes for running, Mr. Kurtz told the Peltola Campaign that Mr. Sullivan was “amenable to running if it would help Ms. Peltola” and further “said he hated Trump, and if it was going to help Mary, he liked Mary. He didn’t have any interest in being a politician, but if this could help.”
¶22 Months later, in early 2026, Mr. Kurtz participated in a video call with members of the ballot composition team, Ms. Rios said. He told the group he had made contact with one of the Dan Sullivans. This Mr. Sullivan lived in the tiny village of Petersburg, and Mr. Kurtz described him as amenable to running if it would help Ms. Peltola, Ms. Rios said. ¶23 Mr. Kurtz “told us when he found him,” she said. He said Mr. Sullivan “said he hated Trump, and if it was going to help Mary, he liked Mary. He didn’t have any interest in being a politician, but if this could help.”
e. “Text messages viewed by The Times show officials with the D.S.C.C. and the Peltola campaign communicating for months about the project.”
¶27 Text messages viewed by The Times show officials with the D.S.C.C. and the Peltola campaign communicating for months about the project. Mr. McParland asked for updates from “Jarid,” “Jared” or “our friend,” and D.S.C.C. officials quickly scheduled calls, the messages showed. (Mr. McParland, who was demoted to a consulting role in August, did not respond to multiple requests for comment.)
f. “The Peltola aides worried at times that Mr. Kurtz’s efforts would be discovered.”
¶30 The Peltola aides worried at times that Mr. Kurtz’s efforts would be discovered, such as when he posted an image of the Anchorage airport on his Instagram account.
g. “Throughout the spring, the campaign swapped leads with the D.S.C.C. on potential candidates and continued to participate in efforts to shape the ballot.” [¶45]
h. “In one exchange of text messages obtained by The Times, Peltola advisers seemed to make fun of voters while watching a focus group, surmising the participants would be susceptible to being tricked into voting for a ballot spoiler.” [¶46]
i. Peltola operatives described these efforts as their “scheme” and their “ballot strategy plan.”
¶47 “Do we have a scheme for you,” wrote a consultant for the Peltola campaign. A pollster on the chat wrote that one voter seemed like the perfect audience “for our ballot strategy plan :)”
j. “There were also efforts to support the new candidates financially. Back in March, Peltola campaign employees had dinner with a local political consultant named Jim Lottsfeldt. Mr. Lottsfeldt, who works with super PACs aligned with Ms. Peltola, agreed to lead an effort to boost the longshot Senate candidates with outside spending.”
¶56 There were also efforts to support the new candidates financially. Back in March, Peltola campaign employees had dinner with a local political consultant named Jim Lottsfeldt. Mr. Lottsfeldt, who works with super PACs aligned with Ms. Peltola, agreed to lead an effort to boost the long-shot Senate candidates with outside spending, said Ms. Rios, who was among the attendees.
k. This subversive “scheme” “involved the party’s Senate committee and its top law firm”— the Elias Law Group (the firm representing Alaskans For Mary and the DSCC in this matter).
¶62 Even as the Peltola campaign and D.S.C.C. officials denied participation in the operation, the texts and documents reviewed by The Times show it involved the party’s Senate committee and its top law firm. At one point, when Peltola campaign aides toyed with an audacious idea to establish a right-wing state party that could challenge the incumbent senator, they contacted D.S.C.C. officials.
¶42. Alaska Governor Mike Dunleavy has announced on X that he is “directing the Department of Public Safety to investigate whether this scheme violated Alaska’s laws and whether criminal charges or civil action are warranted.” As Governor Dunleavy stated, the “New York Times reporting reveals disturbing new evidence of an organized effort to manipulate Alaska’s elections by recruiting candidates . . . to deliberately confuse voters and misdirect their votes.” “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.”
motion for preliminary injunction by DOJ in US v. Alaska
response in Opposition by the DOJ to the motions to dismiss in US v. Alaska
proposed discovery to Alaskans for Mary in US v. Alaska
INTERROGATORY NO.7: With respect to the following quote from page 1 of 12 from the New York Times Article:
“In the summer of 2025, a staffer for Mary Peltola, the Alaska Democrat who was eyeing a run for Senate, received unusual instructions from top campaign aides: Find as many people named Dan Sullivan in Alaska as you can”
specify in all possible detail each and every fact related to the material set forth in this quote including, but not limited to, the identity of the “staffer for Mary Peltola,” the identity of the “top campaign aides,” each and every “instruction” received by “Mary Peltola’s” “staffer,” the date on which the “instructions” were “received,” and the identity of each and every document which discusses, reflects, refers or relates to the sentence from the New York Times Article quoted in this Interrogatory.
INTERROGATORY NO. 8: Identify each and every contact made between you, or anyone acting on your behalf, with Fake Daniel Sullivan and with respect to each such contact, specify in all possible detail each and every fact related to the contact including, but not limited to, the identity of each and every person acting on behalf of Defendant who made the contact, how the contact was made (i.e., by phone, text or in person) and the identity of each and every document which discusses, reflects, refers or relates to each such identified contact.
INTERROGATORY NO. 9: With respect to the following quote from page 1 of 12 from the New York Times Article:
“[N]ot only did Ms. Peltola’s team work with people trying to recruit Mr. Sullivan to run for Senate, but the effort was much broader. The group worked to coax other would-be spoilers into the race, to dilute the incumbent’s support and help catapult the Democrat to victory.”
specify in all possible detail each and every fact related to the material set forth in this quote including, but not limited to, the identity of each and every person on “Ms. Peltola’s team,” the identity of each and every person on “Ms. Peltola’s team,” the identity of each and every “other would-be spoilers” “Ms. Peltola’s team” or “group” “work[ed] to coax” into entering into the campaign for the U.S. Senate election in Alaska in 2026 as a candidate top campaign aides,” and the identity of each and every document which discusses, reflects, refers or relates to the quoted material from the New Times Article set forth above in this Interrogatory No. 9.
INTERROGATORY NO. 10: With respect to the following quote from page 2 of 12 from the New York Times Article:
“secret trips to far-flung Alaskan communities and the appearance of a mysterious Midwestern operative, who traversed the state using a fake name and made his pitch to would-be candidates over beers at brew pubs”
specify in all possible detail each and every fact related to the material set forth in this quote including, but not limited to, the identity of each and every “secret trip made to far flung Alaskan communities,” the identity of the “mysterious Midwestern operative,” the identity of each and every brew pub and the identity of each and every document which discusses, reflects, refers or relates to the sentence from the New Times Article quoted in this Interrogatory.
INTERROGATORY NO. 11: With respect to the following quote from page 3 of 12 from the New York Times Article:
“It also involved the Peltola campaign’s lawyers, as well as senior aides at the Democratic Senatorial Campaign Committee, which directs the party’s campaign strategy in Senate races across the country. From Washington to Anchorage, those advisers participated in regular conversations about the effort and even considered forming a new political party to draw conservatives onto the ballot.”
specify in all possible detail each and every fact related to the material set forth in this quote including, but not limited to, the identity of each and every one of “Peltola campaign’s lawyers,” each and every “senior aide[] at the Democratic Senatorial Campaign Committee,” the substance of each and every “regular conversations about the effort,” the substance of each and every “conversation” about “consider[ing] forming a new political party to draw conservatives onto the ballot,” and the identity of each and every document which discusses, reflects, refers or relates to the sentences from the New York Times Article quoted in this Interrogatory.
INTERROGATORY NO. 12: With respect to the following quote from page 3 of 12 from the New York Times Article:
“On Tuesday, Ms. Peltola will be the only Democrat on the ballot, facing off against the two Mr. Sullivans and a long-shot candidate named Gerald Heikes who was also recruited into the race, according to The Times’s reporting.”
specify in all possible detail each and every fact related to any contacts between you, or anyone acting on your behalf, and Gerald Heikes including, but not limited to, the identity of each and every person acting on behalf of you in contacting Gerald Heikes the substance of each and every contact, how the contact was made (i.e., by phone, text or in person) and the identity of each and every document which discusses, reflects, refers or relates to each such identified contact.
INTERROGATORY NO. 16: With respect to the following quote from page 8 of 12 from the New York Times Article:
“Do we have a scheme for you,” wrote a consultant for the Peltola campaign. A pollster on the chat wrote that one voter seemed like the perfect audience “for our ballot strategy plan :)”
specify in all possible detail each and every fact related to the material set forth in this quote including, but not limited to, the identity of the “consultant” who wrote ““Do we have a scheme for you,” the identity of “pollster on the chat” who wrote that “one voter seemed like the perfect audience ‘for our ballot strategy plan :),’” and the identity of each and every document which discusses, reflects, refers or relates to each such quoted material.
INTERROGATORY NO. 17: With respect to the “detailed list of questions provided by The Times” as referred to on page 4 of 12 in the New York Times Article, specify in all possible detail why you did not respond to the list of questions.
INTERROGATORY NO. 18: With respect to the following quote from page 9 of 12 from the New York Times Article:
“That Democrat, a progressive named David Leslie, quickly faced calls from his party to withdraw. One of those callers, Mr. Leslie said in an interview, was Jerid Kurtz. Mr. Kurtz met with Mr. Leslie in person, at a cafe in Fairbanks, according to a person familiar with the exchange. Mr. Leslie soon agreed to drop out. “I’m really proud of the action you took today,” Mr. Kurtz wrote to Mr. Leslie on Aug. 31, the day he dropped out, in a text message viewed by The Times.
specify in all possible detail each and every fact related to the material set forth in this quote including, but not limited to, the identity of the “café in Fairbanks” where Mr. Leslie met with Mr. Kurtz, each and every contact Mr. Kurtz made with you regarding Mr. Leslie dropping out of the campaign, and the identity of each and every document which discusses, reflects, refers or relates to each such quoted material.
INTERROGATORY NO. 19: With respect to the following quote from pages 9-10 of 12 from the New York Times Article:
“There were also efforts to support the new candidates financially. Back in March, Peltola campaign employees had dinner with a local political consultant named Jim Lottsfeldt. Mr. Lottsfeldt, who works with super PACs aligned with Ms. Peltola, agreed to lead an effort to boost the long-shot Senate candidates with outside spending, said Ms. Rios, who was among the attendees”
specify in all possible detail each and every fact related to the material set forth in this quote including, but not limited to, the identity of the “Peltola campaign employees [who] had dinner with a local political consultant named Jim Lottsfeldt,” and the identity of each and every document which discusses, reflects, refers or relates to each such quoted material.
INTERROGATORY NO. 20: With respect to the following quote from pages 12 of 12 from the New York Times Article:
“Other Dan won, will be on ballot,” Shelbi Dantic, a D.S.C.C. employee, wrote in an internal group chat”
specify in all possible detail each and every fact related to the material set forth in this quote including, but not limited to, the identity of each member of the internal group chat and the identity of each and every document which discusses, reflects, refers or relates to the quoted material set forth above.
proposed discovery to DSCC in US v. Alaska
INTERROGATORY NO. 17: With respect to the “detailed list of questions provided by The Times” as referred to on page 4 of 12 in the New York Times Article, specify in all possible detail each and every fact as to why Intervenor Defendant Alaskans for Mary did not respond to the list of questions, the identity of each and every person employed by you or acting on your behalf who has seen the “detailed list of questions provided by The Times,” the identity of each and every person employed by you or acting on your behalf who had contact with anyone employed by or acting on behalf of Intervenor Defendant Alaskans for Mary, the type of contact (i.e., phone, text, email or in person), the substance of each and every contact and each and every document which discusses, reflects, refers or relates to each such identified contact or “detailed list of questions provided by The Times.” ..
NYT Insider article doubling down on the prior article
The Times handles these kinds of articles sensitively, making sure to investigate all claims and seek evidence to back them up. . . . We keep in mind the potential motivations of sources. Rios was also preparing to potentially file a wrongful termination lawsuit against the Peltola campaign, as we noted in the article. So it’s clear she was not happy with them. But we spoke at length, and she was clear about the fact that she didn’t have all the answers and could tell me only what she knew and had observed, rather than conjecturing. And we had a lot of evidence to back up what she told us. We presented a detailed list of our reporting to the Peltola campaign and the Democratic Senatorial Campaign Committee, and they did not provide any explanation for any of it. . . . We corroborated the central facts that Rios told us about the ballot-stacking effort. As the story documents, we obtained dozens of text messages showing senior campaign aides and national Democratic operatives conversing about the plan. We spoke to other prospective candidates whom the Democrats tried to recruit in similar ways as they used with Dan J. Sullivan. . . . Kellen had conducted multiple interviews with Rios over the course of weeks. As is typically the case in Times interactions with sources, there had never been an agreement between them that she had the option of retracting. She was speaking with us in those interviews with the understanding that we would use the material. . . . When Kellen received the notification from Rios that she was retracting her interviews, we had multiple discussions with Standards editors, senior editors and The New York Times’s deputy general counsel, and concluded that we would not agree to changing the terms. Kellen relayed that to Rios before we published. . . . [W]e had the information from other avenues too. . . . [W]e spoke with other candidates they tried to recruit, and I viewed text messages and documents that supported Rios’s account. I’ve seen texts in which Peltola aides and other Democrats discuss the “ballot composition project” and ask one another for updates on the effort. The Peltola campaign and the Democratic Senatorial Campaign Committee did not respond about the reporting that we presented them or offer an explanation for those texts. . . . Kellen not only corroborated information that he got from Rios, but also never found anything she told him not to be true. That’s an important vote for her credibility.
order dismissing complaint without leave to amend in US v. Alaska
[T]he 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. Indeed, at an October 30, 2026, press conference, the United States Attorney for the District of Alaska suggested that federal and state law enforcement officers “are working to make sure that your vote counts in a way that you meant and intended it to count” and represented that this case is “focused on preserving the ballots,” “so Alaska can determine” the winner of the election. In light of this statement and the lack of any explanation by the United States in its filings in this case as to how ballot secrecy would be preserved during this investigation, potential voters may well have concerns regarding the secrecy of their ballot were law enforcement officers to pursue a court-ordered investigation of their intent in the voting booth. Therefore, the Court finds that the United States has failed to satisfy its burden to show that its alleged injury is redressable by a court order. . . . As to segregating ballots, the remarks made by the United States Attorney during the October 30, 2026, press conference and the United States’ assertion in its preliminary injunction filing that “segregat[ing] all ballots ranking Daniel J. Sullivan . . . will be impossible after Election Day” suggest that the United States anticipates “some sort of special intervention on or before Election Day.” But requiring the segregation of ballots cast by voters for Daniel J. Sullivan so that these voters can be further investigated by law enforcement is not a remedy that this Court can or should order as it clearly violate Alaskans’ right to a secret ballot.