Peltola's campaign sues Alaska for rejected absentee ballot records; the state says the data is confidential, and Sullivan's campaign moves to intervene
Mary Peltola's campaign sued Alaska's Division of Elections for records showing whose absentee ballots were rejected and why. The state says the preliminary data is confidential, and Sen. Dan Sullivan's campaign asked to join the case.
BackgroundHow are U.S. election results certified?
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
The Senate race between Peltola and Sullivan was still uncalled after the November 3 election, with tens of thousands of ballots left to count. The Anchorage Daily News reported on November 9 that Peltola led by 2,517 first-choice votes; ranked choice tabulation is scheduled for November 18 and Explainerelection certificationElection-night numbers are unofficial. Local officials finish the count, check it in a canvass and certify the results, and a state board or official then certifies the statewide result. Several states treat certifying as a required duty, and courts have ordered officials who refused or delayed to certify.How are U.S. election results certified? for November 25. Alaska has no ballot curing process, so absentee ballots rejected for reasons such as a late postmark, a missing signature or improper witnessing are not counted. In the 2024 general election the division rejected about 1,300 absentee ballots. A separate Justice Department lawsuit over the second candidate named Dan Sullivan on the ballot was dismissed on November 1 and is on appeal.
Background: How are U.S. election results certified?
People in this case
Mary PeltolaDirectly involved
Daniel S. SullivanDirectly involved
Timeline
4 timeline entries on this page. Dates: October 27, 2026 to November 9, 2026
October 2026
Peltola's campaign asks each regional elections office for the absentee register's accept or reject codes
Alaskans for Mary sends a public records request to each regional office of the Division of Elections for a copy of the absentee register showing the accept or reject code for each returned absentee ballot, or other records showing whose ballots were rejected and why. The complaint says the campaign received no response.
[01]Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records request
Complaint for declaratory and injunctive relief under the Alaska Public Records Act, filed November 6, 2026 in the Superior Court for the Third Judicial District at Anchorage by Mary Peltola's campaign committee against Lt. Gov. Nancy Dahlstrom, Division of Elections director Carol Beecher and the Division of Elections. Exhibit 1 is the campaign's October 27 records request for the absentee register's accept or reject codes.
Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records requestParagraphs 8 to 19, prayer for relief and Exhibit 1
November 2026
Peltola's campaign renews its demand with a November 5 deadline
Alaskans for Mary sends further correspondence demanding the records by 4 p.m. on November 5. The complaint says that on November 5 the state's lawyers declined to provide them immediately.
[01]Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records request
Complaint for declaratory and injunctive relief under the Alaska Public Records Act, filed November 6, 2026 in the Superior Court for the Third Judicial District at Anchorage by Mary Peltola's campaign committee against Lt. Gov. Nancy Dahlstrom, Division of Elections director Carol Beecher and the Division of Elections. Exhibit 1 is the campaign's October 27 records request for the absentee register's accept or reject codes.
Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records requestParagraphs 8 to 19, prayer for relief and Exhibit 1Peltola's campaign sues in Anchorage Superior Court; the Department of Law says it will fight to keep the data protected
Claim
Alaskans for Mary files a Public Records Act complaint against Lt. Gov. Nancy Dahlstrom, director Carol Beecher and the Division of Elections and asks for a temporary restraining order. The Alaska Department of Law says state law does not require the division to release the preliminary information and that it will ask the court to protect it.
[01]Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records request
Complaint for declaratory and injunctive relief under the Alaska Public Records Act, filed November 6, 2026 in the Superior Court for the Third Judicial District at Anchorage by Mary Peltola's campaign committee against Lt. Gov. Nancy Dahlstrom, Division of Elections director Carol Beecher and the Division of Elections. Exhibit 1 is the campaign's October 27 records request for the absentee register's accept or reject codes.
Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records requestParagraphs 8 to 19, prayer for relief and Exhibit 1[02]State of Alaska
News release from the Alaska Department of Law, which represents the Division of Elections, responding on November 6, 2026 to the Peltola campaign's public records lawsuit over preliminary absentee ballot information.
Alaska Department of Law: Department of Law Responds to Lawsuit from Mary Peltola Campaign · State of AlaskaFull release[03]Anchorage Daily News: Peltola campaign sues Alaska election officials, seeking data about absentee ballots that may be rejected
Report on the Peltola campaign's November 6 lawsuit, quoting the complaint, a campaign statement and the Department of Law's statement, and noting the status of the vote count and the separate Justice Department lawsuit.
Sullivan's campaign moves to intervene, and the state argues that releasing the data would implicate voters' privacy
Reaction
Sen. Dan Sullivan's campaign asks to join the case, and the state files a motion arguing that the records do not exist in the requested form and that releasing them would implicate absentee voters' constitutional right to privacy. Oral argument is set for November 10.
[04]Anchorage Daily News: Sen. Sullivan campaign seeks to join Alaska court battle over absentee ballot data
Report on the Sullivan campaign's November 9 motion to intervene and the state's November 9 motion arguing voter privacy, with a statement from Sullivan campaign spokesman Nate Adams and the scheduled November 10 oral argument.
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
No Alaska statute protects from public disclosure the absentee register's accept or reject codes or the names of voters whose absentee ballots were rejected.
What is disputed
The campaign's records request says Alaska law keeps only six voter identifiers confidential and lets observers attend absentee review board meetings. The Alaska Department of Law says the information is preliminary, has long been treated as confidential, and need not be released in the form requested, and the state argues that releasing it would implicate voters' constitutional right to privacy.
Sources (3)
- Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records requestParagraphs 8 to 19, prayer for relief and Exhibit 1
- Alaska Department of Law: Department of Law Responds to Lawsuit from Mary Peltola Campaign · State of AlaskaFull release
Response record
Responses
Choose one response filter, or select All responses to see the full record.
4 responses. Newest first.
Daniel S. SullivanRepublican U.S. senator from Alaska, through his campaign committee, Alaskans for Dan Sullivan, in a motion to interveneDirectly involvedBefore this statement
In its motion, the Sullivan campaign says the Peltola campaign wants to identify preliminarily rejected absentee ballots it believes Democratic voters submitted and to use that information to influence officials' decisions on whether to count them, outside the disclosure and review process Alaska law makes available to all candidates and their observers.
"Peltola now asks this Court to disregard the law and to short-circuit the legally prescribed process for ensuring that every lawful ballot is counted"
Defended or excusedResponding to: No Alaska statute protects from public disclosure the absentee register's accept or reject codes or the names of voters whose absentee ballots were rejected.
Full statement and sources
Sen. Dan Sullivan's campaign asks to join the lawsuit, saying Peltola's campaign wants to identify preliminarily rejected ballots it believes Democrats cast and to influence whether they are counted, outside the review process Alaska law gives all candidates.
After the statement
Sullivan campaign spokesman Nate Adams says the campaign is following Alaska precedent to make sure every legally cast ballot is counted and that it remains confident Sullivan will win.
Why this label?
The reference point is the Alaska Division of Elections' refusal to give Mary Peltola's campaign the absentee register's accept or reject codes and the names of voters whose absentee ballots were rejected during the 2026 count. The campaign argues that the request would bypass the review process the law sets for all candidates and observers, which defends the division's refusal to release the records.
This label describes the statement's response within the context above.
State of AlaskaAlaska Department of Law, representing the Division of Elections, in a motion filed in Anchorage Superior CourtDirectly involvedBefore this statement
The state's motion says the campaign wants the division to publicize private information about absentee voters' ballots before it is confirmed and before the voters are notified, and that the Public Records Act does not require the division to retain or produce this provisional information, which does not exist in the requested form.
"And the information implicates voters' constitutional right to privacy because many people would not want the world to know that they may have made a mistake in absentee voting."
Defended or excusedResponding to: No Alaska statute protects from public disclosure the absentee register's accept or reject codes or the names of voters whose absentee ballots were rejected.
Full statement and sources
In a motion filed November 9, the state argues that the Public Records Act does not require the division to keep or produce the provisional data, which does not exist in the requested form, and that releasing it would implicate absentee voters' constitutional right to privacy.
After the statement
The motion says the campaign already has view-only access to observe the absentee review board's work and asks the court not to order the division to change its practice midway through the count.
Why this label?
The reference point is the Alaska Division of Elections' refusal to give Mary Peltola's campaign the absentee register's accept or reject codes and the names of voters whose absentee ballots were rejected during the 2026 count. The state argues that the law does not require the records and that releasing them would intrude on voters' privacy, which defends the refusal.
This label describes the statement's response within the context above.
Mary PeltolaDemocratic candidate for U.S. Senate in Alaska, through her campaign committee, Alaskans for Mary, in a complaint filed in Anchorage Superior CourtDirectly involvedBefore this statement
The complaint says the campaign asked each regional elections office on October 27 for the absentee register showing the accept or reject code for each returned absentee ballot, received no response, and that the state's lawyers declined on November 5 to provide the records immediately.
"cannot ensure that its voters' lawful votes were properly counted without knowing whose absentee ballots were rejected or questioned, and why"
CondemnedResponding to: No Alaska statute protects from public disclosure the absentee register's accept or reject codes or the names of voters whose absentee ballots were rejected.
Full statement and sources
Mary Peltola's campaign committee, Alaskans for Mary, sues the Alaska Division of Elections under the state Public Records Act, saying it cannot make sure its voters' lawful ballots were counted without knowing whose absentee ballots were rejected or questioned and why.
After the statement
The complaint asks the court to declare that the campaign may inspect and copy the records and to order the division to produce them without further delay.
Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records requestParagraphs 8 to 19, prayer for relief and Exhibit 1Why this label?
The reference point is the Alaska Division of Elections' refusal to give Mary Peltola's campaign the absentee register's accept or reject codes and the names of voters whose absentee ballots were rejected during the 2026 count. The campaign says the refusal violates the Public Records Act and asks the court to order the records released, which condemns the refusal.
This label describes the statement's response within the context above.
- State of AlaskaAlaska Department of Law, which represents the Division of Elections, in a news releaseDirectly involved
Before this statement
The department says the campaign seeks daily records showing whether named voters' absentee ballots are likely to be accepted or rejected, before that information is final or available to the voters, and that authorized observers may view such records under confidentiality agreements but may not keep them.
"Alaska's constitution and laws do not require the Division to provide this information in the manner requested by the campaign. Releasing preliminary information in the manner sought by the lawsuit would create additional burdens during ballot processing and could delay the timely counting of votes."
Defended or excusedResponding to: No Alaska statute protects from public disclosure the absentee register's accept or reject codes or the names of voters whose absentee ballots were rejected.
Full statement and sources
The Alaska Department of Law, which represents the Division of Elections, says the campaign wants preliminary information the division has long treated as confidential, that state law does not require its release in the form requested, and that releasing it could delay the count.
After the statement
The release says the division has protected this information for years and will ask the court to protect it too.
Alaska Department of Law: Department of Law Responds to Lawsuit from Mary Peltola Campaign · State of AlaskaFull releaseWhy this label?
The reference point is the Alaska Division of Elections' refusal to give Mary Peltola's campaign the absentee register's accept or reject codes and the names of voters whose absentee ballots were rejected during the 2026 count. The department says the law does not require the release and that the division has protected the information for years, which defends the refusal.
This label describes the statement's response within the context above.
Sources
(4)
Original text
Complaint in Alaskans for Mary v. Dahlstrom, Anchorage Superior Court, with the October 27 records request
Relevant passage: Paragraphs 8 to 19, prayer for relief and Exhibit 1
About this source
Complaint for declaratory and injunctive relief under the Alaska Public Records Act, filed November 6, 2026 in the Superior Court for the Third Judicial District at Anchorage by Mary Peltola's campaign committee against Lt. Gov. Nancy Dahlstrom, Division of Elections director Carol Beecher and the Division of Elections. Exhibit 1 is the campaign's October 27 records request for the absentee register's accept or reject codes.
- Author
- Alaskans for Mary, through Reeves Amodio LLC and Elias Law Group LLP
- Published
- Accessed
Reporting
Anchorage Daily News: Sen. Sullivan campaign seeks to join Alaska court battle over absentee ballot data
Relevant passage: Full article
About this source
Report on the Sullivan campaign's November 9 motion to intervene and the state's November 9 motion arguing voter privacy, with a statement from Sullivan campaign spokesman Nate Adams and the scheduled November 10 oral argument.
- Author
- Alex DeMarban
- Published
- Accessed
Reporting
Anchorage Daily News: Peltola campaign sues Alaska election officials, seeking data about absentee ballots that may be rejected
Relevant passage: Full article
About this source
Report on the Peltola campaign's November 6 lawsuit, quoting the complaint, a campaign statement and the Department of Law's statement, and noting the status of the vote count and the separate Justice Department lawsuit.
- Author
- Alex DeMarban
- Published
- Accessed
Official statement
Alaska Department of Law: Department of Law Responds to Lawsuit from Mary Peltola Campaign
Relevant passage: Full release
About this source
News release from the Alaska Department of Law, which represents the Division of Elections, responding on November 6, 2026 to the Peltola campaign's public records lawsuit over preliminary absentee ballot information.
- Author
- Alaska Department of Law
- Published
- Accessed
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- Publisher
- The Dispute Index
- Title
- Peltola's campaign sues Alaska for rejected absentee ballot records; the state says the data is confidential, and Sullivan's campaign moves to intervene
- First published
- Last updated
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The Dispute Index. "Peltola's campaign sues Alaska for rejected absentee ballot records; the state says the data is confidential, and Sullivan's campaign moves to intervene". First published: 2026-11-10. Last updated: 2026-11-13. https://disputeindex.com/cases/peltola-campaign-alaska-rejected-absentee-ballot-records-lawsuit