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US Midterms 2026
11NOV

Peltola sues Alaska for absentee records

4 min read
18:10UTC

Mary Peltola's first-choice lead over Senator Dan S. Sullivan reached 4,250 votes as her campaign went to court for the register of rejected absentee ballots.

PoliticsDeveloping
Key takeaway

Senator Sullivan needs about 72.7% of transferred votes, while both campaigns fight over rejected absentee ballots.

Mary Peltola leads Senator Dan S. Sullivan by 4,250 first-choice votes, 118,926 (49.0%) to 114,676 (47.2%), in the Alaska Division of Elections count released late on Tuesday 10 November, the Anchorage Daily News reported⁠1. She led 48.2% to 47.9% a week earlier, and more than 245,000 ballots are now counted. Her campaign says she won 56.6% of early in-person votes and 56.7% of mail ballots counted so far, a claim Lowdown has not checked.

Two other candidates hold 9,345 first choices: Gerald Heikes, a Republican from Palmer, with 5,318, and Dan J. Sullivan, the retired Petersburg teacher who shares the senator's name, with 4,027. On Lowdown's arithmetic Senator Sullivan needs about 72.7% of those transfers to close the gap: (9,345 + 4,250) ÷ 2 = 6,798 votes. If no candidate passes half of first choices, the tabulation on Wednesday 18 November drops the last-placed candidates and moves their ballots to each voter's next choice; ballots ranking no one else drop out, which raises the share he needs. Heikes's voters can be expected to lean to the senator, but all 5,318 of them make up only 56.9% of the pool on Lowdown's arithmetic, so he also needs net gains from the namesake's 4,027.

Peltola's campaign sued the Division, its director Carol Beecher and Lieutenant Governor Nancy Dahlstrom, who oversees Alaska's elections, in Anchorage Superior Court on Friday 6 November under the Alaska Public Records Act⁠2. The suit, Alaskans for Mary v. Dahlstrom, before Judge Thomas Matthews, seeks the register of returned absentee ballots with each accept and reject code. The state replied that the law does not require information that "does not even exist in the requested form", and that disclosure would breach voters' constitutional privacy, the same privacy ground argued in Alaska's suit over its voter list. Sullivan's campaign moved on 9 November to join the case as a party, arguing that Peltola wants to influence which ballots count outside the statutory review. A hearing was set for 10am on 10 November; no ruling had been reported by Wednesday. Alaska gives voters no way to fix minor defects on absentee ballots, and about 1,303 were rejected in the 2024 general election⁠3.

Governor Mike Dunleavy said on 10 November that "we are in the midst of investigations as to determine if there was any wrongdoing" over the namesake's candidacy, Fox News reported⁠4. He gave no detail, and no charge has been brought; the Alaska Supreme Court had restored Dan J. Sullivan to the primary ballot in June. Separately, the Department of Justice has appealed Judge Sharon Gleason's 1 November dismissal of its certification suit to the 9th Circuit, the federal appeals court for Alaska and California, but briefing is not expected until 11 January 2027⁠5. Alaska plans to certify on 25 November, six weeks before the appeal is even briefed.

Deep Analysis

In plain English

Alaska elects its senator by ranked choice. Voters number the candidates in order of preference, and if nobody has more than half of first choices, the last-placed candidate drops out and those ballots move to their next choice. Mary Peltola, a Democrat and former congresswoman, is narrowly ahead of the Republican senator, Dan S. Sullivan. A second man with the same name, Dan J. Sullivan, also ran, and some voters may have picked him by mistake. The transfers will be counted on 18 November. Separately, Peltola's campaign has gone to court to see records of which postal ballots were accepted or rejected, and why.

Deep Analysis
Root Causes

Alaska accepts absentee ballots from remote communities until 18 November, so its count runs two weeks after polling day and its tabulation waits for the last of them. Every rejection code on that register is a decision a campaign could contest, which is why Peltola's campaign wants it before the count closes.

The state's privacy defence rests on article I, section 22 of the Alaska Constitution, which names a right to privacy explicitly. Few state constitutions do, so the Division of Elections can resist a records request that federal law alone would not block.

What could happen next?
  • Consequence

    The 18 November tabulation will show how many namesake ballots transferred to the senator, settling whether the confusion changed the outcome.

    Short term · Assessed
  • Risk

    If the margin after transfers is smaller than the namesake's first-choice total, the losing side has grounds for a contest over voter intent.

    Short term · Assessed
  • Precedent

    A ruling in Alaskans for Mary v. Dahlstrom would set how far Alaska's privacy clause shields individual ballot-rejection records from campaigns.

    Medium term · Assessed
First Reported In

Update #24 · Late ballots flip North Carolina's 3rd

Anchorage Daily News· 11 Nov 2026
Read original →
Causes and effects
This Event
Peltola sues Alaska for absentee records
With ranked-choice transfers still to come on 18 November, the absentee reject codes are the only record either campaign could use to challenge a rejection before Alaska's count closes.
Different Perspectives
University of Florida Election Lab
University of Florida Election Lab
The lab, run by Michael McDonald, estimates about 124.3 million ballots, a raw midterm record, and turnout of about 49.4% of eligible voters, second to 2018's 50.05%. The raw record reflects population growth more than a record rate, so the late count is working through a near-2018 electorate.
Thune's critics on the right, including Senator Ron Johnson
Thune's critics on the right, including Senator Ron Johnson
Ron Johnson backed the failed 31-15 motion to delay Thune's re-election, after activists such as Mike Cernovich blamed the leader for the defeat. Their complaint is that Republicans could have passed the SAVE Act; in January it meets a Democratic Senate instead.
Senator John Thune
Senator John Thune
Thune was re-elected Senate Republican leader by acclamation on 10 November after a motion to delay failed 31-15. He kept the filibuster that stopped the SAVE Act, the choice his critics on the right blame for the defeat.
House Republicans under Jim Jordan
House Republicans under Jim Jordan
House Republicans elected Jordan minority leader by 106 votes to 73 over Steve Scalise on 10 November, after Speaker Mike Johnson declined to run. They replaced the leadership that lost the majority, while Senate Republicans kept theirs.
Donald Trump
Donald Trump
Trump asked on Truth Social on 9 November whether anybody believed the election "was honest" and blamed the machines, having told The New York Times on polling night he would accept the results. No Republican campaign had sued over a 2026 result by 10 November, so the claim has no case behind it.
Judge David O. Carter
Judge David O. Carter
Carter closed the Justice Department's suit over about 20,000 California mail ballots on 10 November after the department withdrew it, writing that the suit "attempted to disrupt an ongoing election". The closure leaves the department with no court order touching a 2026 California ballot.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.