Senate Races in Alaska and Mississippi Face Legal Battles Over Ballot Counting

The Alaska Senate race remains unresolved after November 3. Democrat Mary Peltola’s campaign has filed a lawsuit against state election officials, seeking information on rejected absentee ballots. The campaign claims this information is crucial for ensuring all eligible votes are counted and maintaining the race’s integrity.

The legal action follows a contentious campaign against the backdrop of a close contest between Peltola and incumbent Republican Senator Dan Sullivan. This has been complicated by the candidacy of Daniel J. Sullivan Jr., who shares a name with the incumbent and could influence the outcome.

The Justice Department previously attempted to intervene, suing to prevent certification if the incumbent lost due to votes cast for Daniel J. Sullivan Jr. However, a state judge dismissed this lawsuit on November 1.

The race is extremely close, with approximately 600 votes separating Peltola and Sullivan. The final decision may hinge on a small number of ballots yet to arrive, either by mail or from remote communities. Alaska will continue to accept ballots from overseas voters until November 18.

In a similar situation, the Mississippi Senate race remains undecided. Republican Cindy Hyde-Smith is preparing for potential legal action over provisional ballots. Her legal team has called for these ballots to be set aside to verify eligibility.

In California, a federal lawsuit filed by the Trump administration was dropped. The case challenged the count of about 20,000 mail-in ballots, questioning the citizenship of those who cast them. The withdrawal of the suit was deemed a win for the state by California Attorney General Rob Bonta.

Mary Peltola’s Legal Battle

On Friday, Peltola’s campaign group, known as Alaskans for Mary, sued the Alaska Division of Elections, Lieutenant Governor Nancy Dahlstrom, and Director of Elections Carol Beecher. The lawsuit seeks access to records on rejected absentee ballots from the November 3 election.

The campaign argues it cannot guarantee that voters’ legal ballots were counted without understanding why certain absentee votes were rejected. Despite requests for these records made on October 27, no response was received. A deadline set for November 5 was also ignored, leaving the campaign in the dark.

The lawsuit requests emergency court action to compel the state to release these records to ensure all qualified votes are included in the final tally.

State’s Response to Lawsuit

The Alaska Department of Law responded to the lawsuit by citing the historical confidentiality of such records. The department argued that releasing preliminary records could impede the ballot processing timeline and increase administrative burdens.

The state has informed the court that it intends to maintain the confidentiality of ballot information even while legal proceedings are underway.

Current Standings in the Alaska Race

As of Saturday morning, with roughly 20 percent of votes yet to be counted, Peltola maintained a slight lead over Sullivan, holding 48.2 percent against Sullivan’s 47.9 percent. Two additional candidates, Republican Gerald Heikes and independent Daniel J. Sullivan Jr., held small portions of the vote.

The race remains uncertain, with a narrow margin making ranked choice tabulation likely unless one candidate secures a majority. This process, dictated by Alaska’s voting system, prolongs the final outcome.

Mississippi Senate Race Update

In Mississippi, as of Saturday morning, Republican Hyde-Smith trailed Democrat Scott Colom by almost 2,000 votes. With 97 percent of votes counted, Hyde-Smith had 48.8 percent compared to Colom’s 49.1 percent.

In Mississippi, unlike Alaska, runoff elections do not occur if neither candidate reaches 50 percent. A significant number of provisional ballots remain to be counted, with a November 10 deadline for resolution. Hyde-Smith’s legal team requires separated affidavit ballots for potential future legal challenges.