Key facts
- Alaskans for Mary seeks records identifying absentee ballots rejected in the November 3 election and the reasons for rejection.
- The campaign also sought a temporary restraining order and preliminary injunction to compel immediate release of the records.
- The Alaska Department of Law said state law does not require release and that the information is preliminary and subject to change.
- About 600 votes separated Peltola and Sullivan as ballots from remote areas were still being counted.
- Alaska will accept ballots up to November 18, leaving the race open to ballots mailed or flown in from remote communities.
- Sullivan's campaign did not immediately respond to a request for comment.
The campaign of Democratic US Senate candidate Mary Peltola of Alaska sued state election officials on Friday, November 6, 2026, seeking the immediate release of records identifying absentee ballots rejected in the November 3 voting, according to Reuters.
Peltola and Republican incumbent Senator Dan S. Sullivan remain in a close contest for the seat, with about 600 votes separating them as ballots from remote areas of the state were still being counted. With such a narrow margin, the race could hinge on ballots that were mailed or that have to be flown in from remote communities. The state will accept ballots up to November 18.
Peltola's campaign group, Alaskans for Mary, sued the Alaska Division of Elections, Lieutenant Governor Nancy Dahlstrom and Director of Elections Carol Beecher, seeking records identifying rejected absentee ballots and the reasons for the rejections. The campaign said it requested the records on October 27 and again on Wednesday under Alaska's Public Records Act but received no response, and was later denied immediate access.
The plaintiffs also sought a temporary restraining order and preliminary injunction to compel immediate release, arguing that time is critical because ballot counting and certification are under way. The filing argues that a lack of prompt 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, which represents the lieutenant governor and the Division of Elections, said in a statement that the Division of Elections has long treated those records as confidential and that Alaska law does not require their release. "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," the statement said. It added that releasing the information as sought "would create additional burdens during ballot processing and could delay the timely counting of votes."
Sullivan's campaign did not immediately respond to a request for comment.
Democrats captured control of the US Senate in the midterm elections. The undecided Senate races in Alaska and Mississippi will determine whether the Democrats can expand on their 54-seat majority in the 100-member chamber.