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The Minnesota Secretary of State was recently hit with a lawsuit arguing that the state cannot count mail-in ballots after Election Day.
According to plaintiffs James Carson and Eric Lucero, Minnesota Secretary of State Steve Simon plans to count mail-in ballots which arrive within eight days of Election Day. The registered Republicans argue that this plan not only violates the Constitution but will also threaten the integrity of the upcoming election via vote dilution.
“The Minnesota Secretary of State is neither Congress nor the Minnesota Legislature, yet he has agreed with private parties to rewrite the times and manner of elections in Minnesota,” the Election Day mail-in ballots lawsuit contends.
“This agreement, and the policies the Secretary is enforcing under it, are unconstitutional and preempted by federal law.”
Under federal law set by Congress, Election Day is set for Nov. 3. Based on these requirements, all ballots must be cast by 8 pm. This includes mail-in ballots arriving at polling places.
Due to the coronavirus pandemic, a large number of voters in around the country have chosen to keep themselves safe by voting through mail-in ballots. In fact, Simon told ABC News that the number of requested absentee ballots in Minnesota resulting in an “absolute shattering” of the previous record for such requests.
With the increase in mail-in ballots, there has been concerns about how these votes will be handled leading up to Election Day.
Although Simon has expressed confidence in the Postal Service’s ability to handle the increase workload, voters may be concerned about rejected ballots. Mail in-ballots could be rejected for a variety of reasons including missing information, missing signatures, damaged envelopes, improperly filled out ballots, and more.
Other voters have expressed concern over whether their votes will be counted in a timely fashion.
In response to these concerns, despite federal requirements, Simon reportedly plans to allow Minnesotans voting via mail-in ballots to vote eight days after the federally set deadline.
Although this increased timeframe may assuage fears of mail-in ballots being dismissed, plaintiffs in the recent Election Day lawsuit say that the election’s integrity could be compromised.
“This agreement threatens the integrity of the upcoming election, will result in widespread and severe vote dilution, will (at a minimum) create substantial uncertainty and delay over Minnesota’s ability to certify its results, and casts in substantial doubt whether the United States Congress will even accept the results of the popular vote in Minnesota,” the Minnesota mail-in ballots lawsuit argues, “even though it was clearly the Minnesota Legislature’s intent to satisfy a statutory safe harbor binding Congress to the popular vote.”
The plaintiffs have asked the court to intervene on this issue. Specifically, they say the Minnesota District Court should declare Simon’s order to be unconstitutional and in violation of federal law. The voters have also asked the court for injunctive relief which would ensure that Simon could not further harm voters rights by extending the election day counting period.
“Plaintiffs, registered voters in Minnesota and certified electors, will be irreparably harmed in all of these ways and respectfully request that the Court declare the Secretary’s agreement unlawful and enjoin it,” the plaintiffs contend.
Do you plan to vote on Election Day via mail-in ballots? Share your thoughts on Minnesota’s policies in the comment section below.
Plaintiffs in the lawsuit are represented by Nathan M Hanson along with Danyll W. Foix, David B. Rivkin, Andrew M. Grossman, and Richard B. Raile of Baker & Hostetler LLP.
The Minnesota Election Day Mail-In Ballots Lawsuit is James Carson, et al. v. Steve Simon, Case No. 0:20-cv-02030-NEB-TNL, in the U.S. District Court for the District of Minnesota.
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4 thoughts onMinnesota Lawsuit Challenges Counting Mail-In Ballots After Election Day
Agreed about all ballots received after due date shouldn’t count
I believe we should have all ballots recorded on election day. No more counting after Nov 3rd 2020.
I agree, Carmella. The Constitution was written for a reason, by brilliant statesmen. Agreeing with it does not make you a moron. Makes you an intelligent, aware, proud American.
Calling names and bullying people is done by the person who has no cogent, intelligent argument.