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Voting Rights · Report · File No. 261111-073

Judge weighs Peltola suit for list of rejected absentee ballots in Alaska Senate race

A state judge heard arguments Tuesday on whether Alaska must share which absentee voters had ballots rejected. The race is close enough that those ballots could matter.

By the Campaign Desk · · 2 min read

Every quote in this story (2) was matched word for word against its source. How we work

My clippings
Mary Peltola
Mary Peltola. Photo: Leah Herman, House Creative Services, Public domain

A state judge said he expects to rule quickly on a lawsuit from Democrat Mary Peltola's Senate campaign. The suit seeks a list of Alaska absentee voters whose ballots have been rejected, and the reasons why 1. The hearing was Tuesday in state Superior Court before Judge Thomas Matthews 1.

The campaign sued on Friday, three days after the Nov. 3 election. Its stated goal is to make sure all qualified voters have their ballots counted 1. Attorneys for the state say releasing the information would violate voter privacy 1.

On tapeSenate Watch · Nov 11
Covers Peltola campaign's lawsuit for rejected absentee ballot list, argued before Judge Thomas Matthews Nov. 10Video: Senate Watch on YouTube, “Alaska Senate Race: Court Fight Over Rejected Ballots, Not Called”. It plays from YouTube when you press play.

What each side told the judge

Peltola attorney Abha Khanna said the campaign is not trying to disrupt the count. She said the campaign has seen no cause for concern 1.

As far as we can tell, the absentee ballot review process is going incredibly smoothly and we plan to keep it that way
Abha Khanna, attorney for Mary Peltola's campaign1

Khanna argued the information is a public record. She said campaign observers at the review boards already see similar details, and the campaign wants it in a more centralized form 1. She said the campaign does not want voters' addresses 2.

From Channel GOPPeltola: Tariffs doubled Alaska air taxi's parts billMary Peltola · 142 plays · captioned, with the source named

Chief Assistant Attorney General Margaret Paton-Walsh argued the information is not a public record. She said releasing it would violate voters' constitutional privacy rights 2.

So I think that is private information, your honor, and we've never disclosed it before.
Margaret Paton-Walsh, Chief Assistant Attorney General, State of Alaska2

The state also says its daily review reports are "ephemeral working documents." It says the reports contain confidential information 1. An elections official said the state's "old, inflexible" voter database cannot produce a report without home addresses 1.

Assistant Attorney General Margaret Paton Walsh said voters can check their ballot status online, but not until at least 10 days after certification. She said it makes no sense for a campaign to learn that before the voter does 1.

Sen. Dan Sullivan, the Republican incumbent, joined the case on the state's side 12. His campaign said that if any data is released, it should be "equally and simultaneously available to all candidates in the affected race" 1.

Why the rejected ballots matter

Peltola led Sullivan by 2,517 first-choice votes, or 1.1%, as of Tuesday. More than 220,000 ballots had been counted 2. Alaska is one of two Senate races, with Mississippi's, still too early to call 1.

Alaska has no process for voters to fix problems on absentee ballots, such as forgetting to sign the envelope 1. In a margin this tight, the number of rejected ballots could matter. That is analysis, not a finding in the case.

The state says no ballot is rejected until the state review board finishes its work and results are certified 1. Certification is scheduled for Nov. 25 2.

What happens next

Matthews said the case is moving at "lightning speed." He said he would issue a written decision within a day of the hearing 12. I did not find a ruling in the coverage reviewed for this story.

Overseas ballots can arrive until Nov. 18. That is also the target date for ranked-choice tabulations if no candidate wins more than 50% of first-choice votes 1. The state has announced counts for Tuesday, Friday and Nov. 18, with more days possible 1.

The Record

  1. Election Day in Alaska's ranked-choice Senate race between Mary Peltola and Sen. Dan Sullivan 1.
  2. Peltola's campaign sues for the list of rejected absentee ballots 12.
  3. Judge Thomas Matthews hears arguments and says he will rule in writing within about a day; Peltola leads by 2,517 first-choice votes 12.
  4. Deadline for overseas ballots and target date for ranked-choice tabulation 1.
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Sources

  1. AP via PBS NewsHour, “Judge weighs lawsuit brought by Peltola campaign over absentee ballots in Alaska's US Senate race” (2026-11-11). pbs.org/newshour/politics/judge-weighs-lawsuit-brought-by-pe
  2. Anchorage Daily News, “In court, Peltola campaign asks Alaska judge to allow release of absentee ballot data” (2026-11-10). adn.com/politics/2026/11/10/in-court-peltola-campaign-asks-a

Found an error? Tell the newsroom. Corrections are noted at the top of the story.

More from the files

Voting

Trump says votes for Alaska's other Dan Sullivan should go to Sen. Dan Sullivan

With 75% of Alaska's Senate vote counted, President Trump said Thursday that ballots cast for a fringe candidate who shares the incumbent's name should be handed to Sen. Dan Sullivan. A federal judge already dismissed the Justice Department's bid to delay certification; the department appealed.

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