USAupdated 1h ago3 min read
Archive photoMary Peltola Campaign Sues Alaska Election Officials for Rejected Absentee Ballot Records
“The Justice Department sued Alaska election officials last month, seeking to block certification of the race’s result”
“Friday's filing argues that a lack of prompt access would leave Alaskans for Mary unable to monitor”
Photo: U.S. General Services Administration / US federal government, Public domain · Cropped for layout
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Peltola campaign sues Alaska election officials to obtain records identifying rejected absentee ballots. Suit alleges state violated Alaska Public Records Act and seeks immediate disclosure of these records.
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Peltola sues for ballot records
Mary Peltola’s campaign sued Alaska election officials on Friday seeking the immediate release of records identifying absentee ballots rejected in Tuesday’s voting, with the contest still undecided and about 600 votes separating Peltola and incumbent Senator Dan S. Sullivan.
Alaskans for Mary sued the Alaska Division of Elections, Lieutenant Governor Nancy Dahlstrom, and Director of Elections Carol Beecher, arguing that the race could hinge on ballots mailed or flown in from remote communities and that the state will accept ballots up to November 18.
The campaign said it requested the records on October 27 and again under Alaska’s Public Records Act but received no response and was later denied immediate access, and it asked an Anchorage court for emergency relief including a temporary restraining order and preliminary injunction.
The lawsuit argued that denied access would leave Alaskans for Mary unable to monitor whether ballots are being properly counted and whether Peltola supporters had their ballots improperly rejected, as alleged in the lawsuit.
The state Department of Law said the Division of Elections has long treated the records as confidential because the information is preliminary, subject to change, and not yet available to affected voters, and it said releasing it as sought would create additional burdens during ballot processing.
Confidentiality dispute in court
The Peltola campaign filed its complaint against the Alaska Division of Elections, director Carol Beecher, and Lt. Gov. Nancy Dahlstrom, and it argued that the state is violating the Alaska Public Records Act.
The complaint said the Division rejected requests first made on Oct. 27 to receive a copy of the Absentee Register showing the “accept or reject code” of returned absentee ballots, or other documents showing voters’ identities and the reason their ballots were rejected.
The lawsuit stated, “Plaintiff cannot ensure that its voters’ lawful votes were properly counted without knowing whose absentee ballots were rejected or questioned, and why,” and it said time was critical as certification deadlines approached.
The Alaska Department of Law said the agency plans to fight in court to keep the information protected, and it argued that Alaska’s constitution and laws do not require the Division to provide the information in the manner requested by the campaign.
The state also said, “Because the information is preliminary, subject to change, and not yet available to affected voters, the Division does not distribute the records separately or allow observers to retain them,” framing the dispute as one about how preliminary data is handled during ballot processing.
What happens next for Alaska
Alaska’s Senate race remained undecided as of the reporting, with Newsweek stating that over 20 percent of the votes were still uncounted as of Saturday morning and that Peltola led by 48.2 percent to 47.9 percent.
The Reuters account said the undecided Senate races in Alaska and Mississippi will determine whether Democrats can expand on their 54-seat majority in the 100-member chamber, and it described the Alaska contest as hinging on ballots from remote areas.
The Anchorage Daily News report said the winner may not be known until Nov. 18, when ranked choice tabulation is scheduled to take place, and it said certification is set for Nov. 25.
The Newsweek story also described a separate federal effort, saying the Justice Department sued Alaska election officials last month to block certification if the incumbent lost and votes cast for Daniel J. Sullivan Jr. would have helped him win, and it said a federal judge dismissed that lawsuit on November 1.
Democracy Docket reported that a federal judge rejected the DOJ effort last week, and it quoted Peltola’s campaign manager, Cheryl Bruce, saying, “The numbers are clear: when every vote is counted, Mary Peltola will be elected as Alaska’s next United States Senator,” while it also quoted Sullivan’s campaign memo stating, “Ranked choice tabulation favors Sullivan,” in its path-to-victory framing.