An Anchorage Superior Court judge on Wednesday dismissed a lawsuit by Democratic Senate candidate Mary Peltola's campaign that sought the names of rejected absentee voters, ruling that the request was not reasonable during ongoing ballot counting and that the information did not qualify as a public record.
The lawsuit, filed Friday by Alaskans for Mary, the Peltola campaign group, asked the court to compel the Alaska Division of Elections to produce a list of voters whose absentee ballots had been rejected and the reasons for rejection before results were certified on Nov. 25. The campaign argued it needed the data “to safeguard an accurate ballot count and ensure that Peltola’s supporters are not unlawfully disenfranchised.”
Attorneys for the state countered that ballot counting was still underway and that the requested records were preliminary, not yet public records under state law. They said the division could not feasibly generate such a report on short notice while processing ballots, and that confidentiality requirements applied. Judge Thomas Matthews sided with the state. “Given that the DOE is currently busy processing ballots from the 2026 general election, it is understandable that the division simply lacks the capacity to generate the report,” he wrote. “Even if the request were otherwise considered reasonable outside the peak election time of year, it is simply not reasonable or required now.”
The ruling came as the division released new preliminary results Wednesday night, adding 5,618 ballots. Peltola moved slightly ahead with 48.73% of the vote, leading Republican incumbent Sen. Dan Sullivan at 47.13%. Absentee ballots are processed at one of five regional offices and reviewed by bipartisan boards, with campaign observers allowed to attend and challenge acceptances or rejections. The final decision rests with the State Review Board. The state said the determination on whether a ballot is rejected may change up until certification, and that the division is required to notify voters after that point if their ballot has been rejected. A public tally of rejected ballots and reasons is typically issued weeks after certification. The Peltola campaign did not immediately respond to a request for comment on whether it planned to appeal.
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- SupportedAn Alaska judge dismissed the Peltola campaign’s lawsuit seeking names of voters whose absentee ballots were rejected.Alaska Beacon: “The Alaska Division of Elections does not have to produce a report of rejected absentee voters in the midterm elections, a state court ruled Wednesday afternoon on a lawsuit filed by the campaign of Democratic U.S. Senate candidate Mary Peltola.”
- SupportedThe campaign said it sought the list “to safeguard an accurate ballot count and ensure that Peltola’s supporters are not unlawfully disenfranchised.”Alaska Beacon: “In court filings, the group said they sought the list of voters “to safeguard an accurate ballot count and ensure that Peltola’s supporters are not unlawfully disenfranchised.””
- SupportedJudge Thomas Matthews wrote that the division lacked capacity to generate the report while processing ballots.Alaska Beacon: ““Given that the DOE is currently busy processing ballots from the 2026 general election, it is understandable that the division simply lacks the capacity to generate the report,” Matthews wrote in the ruling .”
- SupportedMatthews wrote that the request was not reasonable or required during the peak election period.Alaska Beacon: ““Even if the request were otherwise considered reasonable outside the peak election time of year, it is simply not reasonable or required now,” he wrote.”
- SupportedThe court found the information did not qualify as a public record and was not required to be disclosed.Alaska Beacon: “He said the information did not qualify as a public record and was not required to be disclosed.”
- SupportedAlaskans for Mary filed the lawsuit on Friday, seeking the names and reasons for rejected absentee ballots before certification on Nov. 25.Alaska Beacon: “The lawsuit was filed by the campaign group Alaskans for Mary against the division on Friday, seeking to make public the names of voters whose absentee ballots have been rejected and the reasons for their rejection before the results are certified on Nov. 25.”
- SupportedState attorneys argued that ballot counting was ongoing, the records were preliminary and confidential, and the division could not feasibly produce them on short notice.Alaska Beacon: “But in court, attorneys with the Alaska Department of Law arguing on behalf of the division said ballot counting is ongoing and the requested records at this stage are preliminary, and do not qualify as public records. They argued that the division could not feasibly produce the information on short notice or maintain voter confidentiality.”
- SupportedThe division’s Wednesday-night results update added 5,618 ballots.Alaska Beacon: “The division published a new batch of preliminary election results Wednesday night — adding 5,618 ballots to the count.”
- SupportedIn that update, Peltola had 48.73% and led incumbent Republican Sen. Dan Sullivan, who had 47.13%.Alaska Beacon: “Peltola inched ahead in the lead with 48.73% of the vote, ahead of Republican incumbent U.S. Sen. Dan Sullivan with 47.13%.”
- SupportedAbsentee ballots are processed at one of five regional offices, reviewed by bipartisan boards, and campaign observers may attend and challenge acceptances or rejections.Alaska Beacon: “Absentee ballots are processed at one of five regional elections offices”
- SupportedThe State Review Board makes the final ballot determination; rejection determinations can change until certification, after which the division must notify voters whose ballots were rejected.Alaska Beacon: “After the review board process, the final determination on ballots is made by the State Review Board. ... The state said the determination on whether a ballot is rejected may change up until election results are certified on Nov. 25, after which the division is required to notify the voter if their ballot has been rejected.”
- SupportedThe campaign did not immediately respond to a request for comment on whether it planned to appeal.Alaska Beacon: “Peltola’s campaign did not immediately respond to a request for comment Wednesday on the ruling or whether it planned to appeal.”