Alaska’s tight U.S. Senate race between Republican incumbent Sen. Dan Sullivan and Democratic challenger Rep. Mary Peltola has entered a new legal phase after Sullivan’s campaign filed a motion to intervene in a lawsuit seeking access to rejected absentee ballot records.
On Monday, Sullivan’s re-election team argued in court filings that Peltola’s lawsuit against the Alaska Division of Elections was an attempt to bypass state law by forcing officials to release voter-specific data before individuals were notified of their ballot rejections. The Division had previously stated it would be improper to grant Peltola’s campaign access to the records under current procedures.
As of Monday afternoon, Peltola held a lead of just over 600 votes, with more than 25% of ballots still uncounted. The razor-thin margin has intensified scrutiny over Alaska’s election processes, including its ranked-choice voting system, which remains under review by state investigators amid allegations of potential wrongdoing in a separate candidate recruitment dispute.
Part 1: Immediate Action & Core Facts
Sullivan Campaign Moves to Block Peltola Lawsuit
Sen. Dan Sullivan’s campaign filed a motion in state court on Monday to intervene in a lawsuit filed by Mary Peltola’s Senate campaign. The lawsuit seeks access to records of absentee ballots that were preliminarily rejected in the November 8 midterm election. The Alaska Division of Elections had declined to provide the data, citing state law and procedural norms that require voters to be notified of rejections before their records are disclosed.
In its motion, Sullivan’s team argued that the lawsuit represented an effort to "rig the system" by changing rules mid-count. Campaign spokesman Nate Adams stated, "Peltola’s lawsuit is only further evidence that she is not confident she can win on the merits alone, which is why her campaign is once again attempting to rig the system in her favor."
Peltola Maintains Narrow Lead as Count Continues
With over a quarter of ballots remaining uncounted, Peltola’s campaign has emphasized its commitment to ensuring all legally cast ballots are counted. The current margin stands at approximately 600 votes, though the exact number fluctuates as additional ballots are processed. The race remains unresolved as officials verify signatures, cure deficiencies, and finalize tallies.
Part 2: Deeper Dive & Context
Legal Dispute Over Absentee Ballot Access
The legal conflict centers on whether Peltola’s campaign has the right to obtain voter-specific data for absentee ballots that were preliminarily rejected. The Alaska Division of Elections has stated that individual voters have not yet been notified of their rejections, making it premature to release the records. The Division has not indicated whether it will oppose the lawsuit or comply with any court order.
Peltola’s campaign has framed the lawsuit as a necessary step to ensure transparency and accountability in the election process. However, Sullivan’s campaign has characterized it as an improper attempt to influence the outcome by altering standard procedures.
Ongoing Investigations into Candidate Recruitment
Separate from the absentee ballot dispute, state and federal authorities are investigating allegations that individuals connected to Peltola’s campaign and national Democrats recruited a candidate with a similar name—Daniel J. Sullivan Jr.—to draw votes away from the incumbent senator. Daniel J. Sullivan Jr., a retired teacher from Petersburg, received 1.7% of the vote (3,651 votes), more than the current margin between Peltola and Sen. Sullivan.
Alaska Governor Mike Dunleavy, a Republican, confirmed on Sunday that state investigators are examining possible wrongdoing, including conduct that "might resemble perjury," though no charges have been filed. Dunleavy also criticized Alaska’s ranked-choice voting system, calling it "very confusing" in an interview with WABC radio.
Federal prosecutors are pursuing their own inquiry, and the Justice Department has filed a lawsuit to block certification of a Peltola victory if votes for Daniel J. Sullivan Jr. could have changed the outcome. The New York Times previously reported that individuals linked to Peltola’s campaign and national Democrats had worked to recruit Daniel J. Sullivan Jr., though Peltola’s campaign has denied involvement.
Ranked-Choice Voting Under Scrutiny
The tight Senate race has reignited debate over Ballot Measure 2, which would repeal Alaska’s ranked-choice voting system. Voters will decide on the measure for the second time in two years. Proponents argue the system is overly complex and confusing, while opponents contend it reduces negative campaigning and ensures majority support for winners.
Dunleavy’s comments and the legal disputes have amplified concerns about the system’s transparency and fairness. The measure’s outcome could reshape future elections in Alaska, where ranked-choice voting has been used in state and federal races since 2022.
Statements from Key Figures
- Sen. Dan Sullivan (R): Through his campaign, Sullivan has framed the absentee ballot lawsuit as an attempt to manipulate the process. His team has pledged to follow Alaska precedent to ensure all legally cast ballots are counted.
- Rep. Mary Peltola (D): Peltola’s campaign has not issued a detailed public response to the motion but has emphasized its commitment to counting all valid ballots. Her team has not directly addressed the allegations regarding the recruitment of Daniel J. Sullivan Jr.
- Gov. Mike Dunleavy (R): The governor has stated that investigators are examining potential wrongdoing in the recruitment of Daniel J. Sullivan Jr., including possible perjury, though no findings have been made public.
- Daniel J. Sullivan Jr.: The retired teacher has denied coordinating with Peltola’s campaign and has stated he ran as an independent candidate without external influence.
Election Timeline and Next Steps
Alaska election officials have until November 23 to certify the results of the Senate race. The Division of Elections continues to process remaining ballots, including absentee and questioned ballots. Any legal challenges or recounts would follow certification, depending on the final margin.
The outcome of the race could determine control of the U.S. Senate, where Democrats currently hold a narrow majority. A Peltola victory would preserve the Democratic edge, while a Sullivan win would narrow it further.