Nervous Peltola camp sues Alaska over rejected ballots as Senate race remains too close to call

JUNEAU, ALASKA: As early and absentee votes are still being counted in the razor-thin Alaska Senate race, Democratic nominee Mary Peltola has opened a legal front.

The race has come down to a difference of fewer than 700 votes, making early and absentee votes crucial, and Peltola's campaign has already made a move by filing a lawsuit against the state of Alaska, seeking the names of rejected voters.

Mary Peltola's campaign sues for rejected ballot records

The lawsuit says the campaign "cannot ensure that its voters’ lawful votes were properly counted without knowing whose absentee ballots were rejected or questioned, and why."

In the razor-thin Alaska Senate battle, as of early November 7, Peltola is leading incumbent GOP Senator Dan Sullivan with fewer than 700 votes, and the result is dependent on early and absentee ballots.

“We are confident that Mary will win this race. The campaign is ensuring transparency, timeliness, and accuracy as the counting process continues and every Alaskan’s voice is heard,” the group ‘Alaskans for Mary’ said in a statement, according to the Alaska Beacon.

The Alaska Senate race is one of two Senate contests that are still too close to call, the other being Mississippi, where Democrat Scott Colom is challenging incumbent Sen Cindy Hyde-Smith (R-Miss).

State says absentee ballot records are confidential

The Alaska Division of Elections has issued a statement, saying that the information sought by Peltola’s campaign has long been treated as confidential and that state law does not require it to be released.

The division said the campaign is seeking daily records showing whether individual voters’ absentee ballots are likely to be accepted or rejected.

However, it argued that the information is preliminary and could change before the final decision is made. It also noted that the information is not yet available to the voters themselves.

The division said authorized observers can view some of these records during the ballot review process, but they are not allowed to keep copies under the confidentiality rules.

It added that releasing the records as requested by the campaign would put an additional burden on the ballot-counting process and could delay the counting of votes.

Two Sullivans made the Alaska Senate race closely watched

Alaska Senate contest has been one of the most popular races.

Before the midterms, the Department of Justice had filed a lawsuit seeking to block the certification of the results if Peltola won, arguing that the presence of a second Dan Sullivan on the ballot could confuse voters and hurt Republican turnout.

That suit followed a New York Times report alleging that Peltola’s campaign helped recruit Sullivan Jr, which Peltola denies.