Judge dismisses petition by Peltola campaign seeking names of rejected absentee voters

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.

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.

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.”

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. 

The state asked the court to reject the campaign’s request that the division make a new report of names of voters during ballot counting, and Anchorage Superior Court Judge Thomas Matthews agreed. 

“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. 

“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. He said the information did not qualify as a public record and was not required to be disclosed.

Peltola’s campaign did not immediately respond to a request for comment Wednesday on the ruling or whether it planned to appeal.

The division published a new batch of preliminary election results Wednesday night — adding 5,618 ballots to the count. Peltola inched ahead in the lead with 48.73% of the vote, ahead of Republican incumbent U.S. Sen. Dan Sullivan with 47.13%. 

Absentee ballot review

Absentee ballots are processed at one of five regional elections offices where staff log them into a state database and make an initial determination about whether to accept or reject a ballot, based on verification requirements. Mailed absentee ballots must be received within 10 days of election day, or within 15 days if mailed from overseas. 

Absentee ballots are then reviewed again by absentee ballot review boards at each of the regional offices staffed by bipartisan teams of two, who verify voter eligibility and if the ballot was cast properly. Campaigns may have observers present with each of the review boards and can challenge the boards’ decision to accept or reject a ballot. After the review board process, the final determination on ballots is made by the State Review Board.

The Peltola campaign had sought a copy of the observers’ “details report,” but the state argued that information is preliminary until a final determination is made, according to court filings. The state said those reports are also bound by confidentiality requirements, and do not qualify as public records under law. The court agreed.

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. 

The division also publishes a list of how many absentee ballots were rejected and the reason for rejection, but that list is typically released weeks after the results are certified.