The Justice Department has escalated its investigation into an alleged Democratic effort to recruit a decoy candidate in Alaska's Senate race, with prominent election lawyer Marc Elias and his firm, Elias Law Group, identified as key figures in the probe.

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The inquiry focuses on whether Democratic campaign officials and operatives illegally coordinated to place Daniel J. Sullivan—a candidate with a nearly identical name to incumbent GOP Senator Dan S. Sullivan—on the ballot, potentially to siphon votes from the Republican contender.

The case has drawn national attention as the Alaska Senate race remains too close to call, with ballots still being counted under the state's ranked-choice voting system. The legal and political stakes are heightened by the involvement of high-profile Democratic operatives and the possibility of criminal charges.

DOJ Investigation and Target Letters

On Election Day, the Justice Department reportedly sent written warnings to about 20 Democrats, including Marc Elias and at least one Democratic Senatorial Campaign Committee (DSCC) official, notifying them they may be investigative targets. A target letter indicates prosecutors consider the recipient a likely defendant, though it does not guarantee charges will follow.

Elias, who previously served as general counsel to Hillary Clinton's 2016 campaign, confirmed that his firm's leadership received DOJ letters. He characterized the probe as politically motivated, stating, "Elias Law Group attorneys proudly count themselves among this President’s political enemies, and we are proud to represent Democratic campaigns and progressive organizations that fight back against him every single day. We will not be intimidated by a sham investigation."

The Elias Law Group represents both Mary Peltola's campaign and the DSCC. According to Federal Election Commission records, the firm was paid about $117,000 in 2026 by Alaskans for Mary, Peltola's principal campaign committee, while also working for the DSCC.

Alleged Scheme and Key Players

The alleged scheme, first reported by The New York Times, involved Democratic operatives and campaign officials coordinating to recruit Daniel J. Sullivan as a "decoy" candidate. Peltola's then-campaign manager, Elisa Rios, worked with Jerid Kurtz, co-owner of Wingspan Strategies LLC, as part of an internal initiative called the "ballot composition project" to find alternate Dan Sullivans to run in the race. Kurtz reportedly told Rios that the decoy candidate "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."

Texts reviewed by the Times show a campaign consultant asking whether to "follow up with Jackie about maga party stuff," referencing Elias Law Group attorney Jacquelyn Lopez, who allegedly participated in the effort. Lopez also received a records-preservation letter from Sen. Ron Johnson, R-Wis., chair of the Senate Permanent Subcommittee on Investigations.

49th State PAC, formed by Peltola allies after Alaska's open primary, paid nearly $30,000 to Kurtz's Wingspan Strategies LLC, according to FEC records. The director of Majority Forward, a nonprofit linked to Schumer’s Senate Majority PAC, is also the designated agent of 49th State PAC, which funded Kurtz’s firm. Majority Forward has denied any contact with Dan J. Sullivan.

Recruiting a same-name candidate is not illegal by itself, but the scheme could expose participants to other violations, such as false campaign filings or conspiracy to deprive citizens of constitutional rights. George Washington University law professor Jonathan Turley said, "You have what are clearly false statements that some have made, according to The New York Times. And all of those people are going to have to lawyer up, including the lawyers."

Article III Project attorney Will Chamberlain told Fox News Digital the conduct could violate 18 U.S.C. §241, which makes it a felony to conspire to deprive citizens of the right to vote for their candidate of choice.

Peltola’s campaign and the DSCC have denied involvement with Dan J. Sullivan’s candidacy. Rios later contacted The New York Times to retract her statements, but the paper said her comments matched its other reporting.

Elias’s Past Controversies

Elias has previously drawn federal scrutiny for his role in commissioning the Steele Dossier during the 2016 presidential campaign. As general counsel to Clinton’s campaign, Elias hired Fusion GPS, which paid Christopher Steele to compile the dossier alleging Trump-Russia ties. The Senate Intelligence Committee concluded in its August 2020 report that Elias instructed Fusion GPS to report only to him, shielding communications under attorney-client privilege. Special Counsel John Durham’s final report found the FBI could not corroborate "a single substantive allegation" in the dossier, and the FEC later fined the DNC and Clinton campaign for misreporting payments to Perkins Coie for Fusion’s research as legal services, though it dismissed allegations against Elias himself.

The American Accountability Foundation has also referred possible illegal coordination between groups tied to the decoy campaign and Majority Forward to federal prosecutors in Alaska. The FBI has reportedly interviewed former Alaska state Rep. David Eastman, who said he met with Jerid Kurtz, the recruiter named as a key player in the decoy candidate effort.

A federal judge previously blocked a March 2025 executive order by President Trump that singled out Elias and targeted law firms over alleged abuses in election litigation. Elias’s firm has lost several major election cases in recent years.