Democratic Senate candidate Mary Peltola’s campaign is suing the Alaska Division of Elections to make public the names of absentee voters whose ballots were rejected in the midterm election in an attempt to determine why specific ballots were denied.
In a lawsuit filed Friday in Alaska Superior Court against Lt. Gov. Nancy Dahlstrom and Division of Elections Director Carol Beecher, Alaskans for Mary asked the court to disclose public records related to the ballots under the state’s Public Records Act.
The complaint argues the documents are subject to disclosure because they’re the property of a public agency. Identifying information, including Social Security and driver’s license numbers, would not be released under the law.
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Four days after polls closed, Peltola narrowly leads incumbent Republican Sen. Dan Sullivan.
Her campaign asked the court to order the state to produce copies of the requested records in electronic format or make the public records available to the campaign without delay. It also asked that the state be ordered to cover the campaign’s costs and attorneys’ fees.
It’s unlikely the race will be called soon. It can take up to 15 days to count ballots in Alaska, according to the Division of Elections. Results are expected to be certified later this month.
The Washington Sun has contacted the Division of Elections for comment.
Last month, Peltola’s campaign submitted a request to each regional office seeking a copy of any documents showing the identities of voters whose ballots had been rejected.
On Nov. 5, the state denied the campaign’s request, prompting the campaign’s legal action.
“Plaintiff cannot ensure that its voters’ lawful votes were properly counted without knowing whose absentee ballots were rejected or questioned, and why,” the campaign said in the court filing.
“With the counting of absentee ballots and review by the questioned ballot board currently in progress, and certification deadlines rapidly approaching, 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.”
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