Democrat Mary Peltola's campaign has filed a lawsuit against the state of Alaska, demanding access to records of absentee ballots rejected by the Alaska Division of Elections. The legal action, revealed in a new court filing, alleges that the campaign's repeated requests for these records were denied, preventing it from ensuring that every lawful vote is counted.
"Plaintiff cannot ensure that its voters' lawful votes were properly counted without knowing whose absentee ballots were rejected or questioned, and why," the lawsuit states. "Each hour and each day that Defendants deny Plaintiff the requested records to which it is entitled costs Plaintiff the opportunity to help ensure that qualified voters have their ballots counted."
Peltola, who is challenging Republican Senator Dan Sullivan, currently holds a narrow lead of just over 600 votes, with roughly 30 percent of the vote still outstanding, according to Decision Desk HQ. No winner has been projected as of Saturday morning.
The Alaska Division of Elections responded on Friday, arguing that releasing the requested information prematurely would be improper. "Alaska's constitution and laws do not require the Division to provide this information in the manner requested by the campaign," the division said in a statement. "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."
This is not the first legal battle in Alaska's Senate race. The Trump administration previously sued to block certification of the election if Sullivan loses, citing potential voter confusion over a similarly named candidate. A judge dismissed that case before Election Day, but the administration has vowed to appeal.
Ballot counting in Alaska is expected to continue for several days, as absentee ballots postmarked by Election Day can arrive up to 15 days later. The next batch of votes is not due until November 10, with final results required by November 18.
If no candidate secures more than 50 percent of the vote—which currently appears likely—Alaska will use ranked choice voting to determine the winner. The process eliminates the last-place candidate and redistributes their voters' preferences until a majority is reached.
Should Peltola prevail, it would mark the eighth Senate seat flipped by Democrats in this cycle, following a strong performance on Tuesday night. Meanwhile, votes are still being counted in Mississippi, where Democrat Scott Colom leads incumbent GOP Senator Cindy Hyde-Smith.
This lawsuit underscores the high stakes in Alaska, where every ballot could tip the balance in a race that may determine control of the Senate. As legal challenges mount, both campaigns are bracing for a prolonged and contentious count.
