Alaskans for Mary v. Dahlstrom

The complaint seeks declaratory and injunctive relief under the Alaska Public Records Act. The defendants are Lieutenant Governor Nancy Dahlstrom, who oversees Alaska's elections, Division of Elections director Carol Beecher and the Division itself.

Alaska's lawyers replied that the Act cannot force the state to produce a record it does not hold in the form asked for, and that releasing the codes would intrude on voters' constitutional right to privacy. The state made that privacy argument in the separate suit over Alaska's voter list. Alaska gives voters no way to fix minor defects on absentee ballots, and about 1,303 were rejected in the 2024 general election.

Reject codes matter because absentee ballots can swing a close Alaska count. Peltola led by 0.3 points on polling night, 48.2% to 47.9%, and the Senate seat goes to a ranked-choice tabulation on 18 November.