Mary Peltola campaign sues Alaska to get records on rejected absentee ballots

The campaign of Democratic US Senate candidate Mary Peltola of Alaska sued state election officials on Friday seeking the immediate release of records identifying absentee ballots that were rejected in Tuesday's voting. Mary Peltola’s campaign has asked a court to compel the immediate release of records identifying rejected absentee ballots and the reasons for rejection.

(Getty Images via AFP)Peltola and the Republican candidate, incumbent Senator Dan S. Sullivan remain locked in a close contest for the seat, with about 600 votes separating them as ballots from remote areas in the sprawling state were still being counted.

With such a narrow margin separating the candidates, 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. Democrats captured control of the US Senate as part of their sweeping victory across the country 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. Peltola's campaign group, Alaskans for Mary, sued the Alaska Division of Elections, Lieutenant Governor Nancy Dahlstrom and Director of Elections Carol Beecher, seeking the release of records identifying absentee ballots rejected in Tuesday's election and the reasons for those rejections.

The campaign says 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 the immediate release of the records, arguing that time is critical because ballot counting and certification are under way.

Friday's 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. "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.

The Division has protected this information for years and will ask the court to protect it too," the statement said. Sullivan's campaign did not immediately respond to a request for comment.