Legal scholar Alan Dershowitz has argued that the alleged scheme to place a "Decoy Dan" on the Alaska Senate ballot to confuse voters and siphon votes from incumbent Republican Senator Dan Sullivan constitutes a violation of federal election law.
The Justice Department and Alaskan authorities are reportedly investigating claims that Democratic party operatives sought to find and recruit an individual with the same last name as Senator Sullivan to run against him. The New York Times reported that operatives aligned with Democratic Senate candidate Mary Peltola and the Democratic Senatorial Campaign Committee (DSCC) searched Alaska for a candidate named Dan J Sullivan, eventually finding a retired music teacher in Petersburg.
Dershowitz asserts that if these allegations are true, the actions fall under federal civil rights laws that criminalize conspiracies to deny citizens their rights. Specifically, he points to a statute that criminalizes the "procurement… of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the state in which the election is held."
He argues that the alleged conspiracy aimed to create a ballot designed to mislead voters, citing text messages reportedly obtained by The New York Times in which Peltola advisers discussed whether focus group participants showed a propensity for being tricked. One consultant allegedly wrote, "Do we have a scheme for you," while another noted a specific voter seemed susceptible to "our ballot strategy plan :)". The use of coded language also suggests awareness that the activities were questionable.
According to Dershowitz, the core of the alleged criminal conspiracy lies in the agreement and the overt act of placing a known fake candidate on the ballot. He contends that this action itself, regardless of whether it succeeded in deceiving voters or impacting the election outcome, completes the conspiracy under federal law. He suggests that even if existing statutes are found insufficient, they should be amended to address such tactics.
Peltola, her campaign, and the DSCC have denied any involvement in the alleged scheme. The New York Times reported that Dan J Sullivan has reportedly left the state. If "Decoy Dan" receives enough votes to affect the election outcome, Dershowitz suggests that Alaskan courts and the Senate would then need to determine the appropriate legal remedy.