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18 States, and DC Illegally Accepted Ballots After Election Day, North Dakota Facing Lawsuit

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As one of 18 states and Washington, D.C. that accepted and tabulated ballots post-election, North Dakota is being sued for its acceptance of mail-in ballots 13 days after Election Day.

The lawsuit, which was filed Wednesday against North Dakota State Election Director Erika White, alleges that the state’s law to accept ballots up to 13 days after Election Day violates federal law.

Full file below:

In North Dakota, absentee votes must be postmarked the day before election day and delivered before the county canvassing board meets on the 13th day following the election in order to be counted. According to PILF, the state statute was modified in 2021 to increase the 6-day window of time following the election during which ballots might be accepted to 13 days.

The lawsuit asserts that Election Day is one day in accordance with federal law.

The filing states, “Federal law prescribes votes to be tabulated on Election Day, as every mention of the day is singular, and not plural.”

The Public Interest Legal Foundation filed the lawsuit on behalf of Burleigh County Auditor Mark Splonskowski.

North Dakota which is a red state, with Sen. John Hoeven (R) winning reelection in 2022 with 56.5% of the vote, over the Democratic nominee who received 25%, and the independent with 18.5%.

The state was won by incumbent President Donald Trump in the 2020 presidential election with 65.5% of the vote against then-Democratic presidential contender Joe Biden’s 31.9%. A supermajority of Republicans also control the state legislature.

Additionally, the governor of North Dakota, Doug Burgum, is a GOP presidential primary contender in 2024.

The states and one U.S. city which accepted ballots after Election Day include: Alaska, California, Illinois, Kansas, Maryland, Massachusetts, Mississippi, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Texas, Utah, Virginia, Washington, D.C., and West Virginia.

The states with the latest deadlines for accepting ballots after Election Day are Illinois and Utah, which are both 14 days.

“Election Day has ceased to be a day,” says PILF President J. Christian Adams. “Instead, we have election month because states accept ballots that arrive days and even weeks after Election Day.

“Not only does this lead to distrust and chaos in the system, but it also violates federal law. PILF is fighting to end this lawlessness and restore the day in Election Day.”

The electoral integrity group questioned why the results of the 2022 election took so long considering it wasn’t a pandemic election like the one in 2020, according to Lauren Bis, director of Communications and Engagement at PILF, in an interview with Just the News on Monday.

Rep. John Duarte’s (R-Calif.) victory in the last U.S. House election in 2022 was declared on December 2 without the need for a recount. Ten days later, Rep. Lauren Boebert (R-Colo.)’s recount confirmed her victory.

The case, meanwhile, is not just about the elections from the previous year.

Attempts to reach the Elections Unit of the North Dakota Secretary of State on Monday for comment were unsuccessful.

Post-pandemic delays persisted despite advances in technology and communication, according to Bis.

PILF realized that the delays were because “states are accepting ballots after Election Day” and receiving more mail-in ballots now than they did pre-pandemic, she also said. 

“When elections drag on, voters see their candidate winning, then a week later, every day the candidate’s lead is chipped away,” Bis said. She also argued the situation “sows distrust in the process, is corrosive and divisive to the nation” when it “doesn’t need to be that way.”

Bis said that “a lot of states had laws for a while” with post-Election Day deadlines for mail-in ballots, but that the delays were the result of the expansion of vote-by-mail during the pandemic, and as some states have all mail-in voting.

The state jumped from “worst to first” in its election results, she said, since Florida mandates that absentee ballots be returned by Election Day.

While Judicial Watch is suing the Illinois State Board of Elections for accepting ballots for 14 days after Election Day, PILF is suing North Dakota. The current case also asserts that Election Day must be a single day in accordance with federal law.

Bis said that the plaintiff is “seeking clarity about his obligations” in his capacity as the county auditor “because he has to choose to violate state or federal law” while administering elections.

As the U.S. is “one of the best democratic republics in world,” Americans “can’t have our elections being a laughingstock,” Bis said.

“Let’s fix the problem” and have election results by election night or next morning at the latest, she also said.

SOURCES: CNN, AP, LAWSUIT, JUDICIAL WATCH, DEMOCRACY DOCKET

2024 Race

Mississippi Law Allowing Ballots to Be Received After Election Day Ruled Lawful by Judge

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A Mississippi law that permits the counting of ballots received up to five days after an election is lawful, according to a federal judge’s ruling on July 28.

U.S. District Judge Louis Guirola Jr. cited the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which governs ballots from overseas citizens, in his decision.

“So if one federal statute implicitly allows post-election receipt of overseas ballots mailed by election day, that statute is presumed not to offend against the election-day statutes, from which one may infer that the similar Mississippi statute on post-election receipt is likewise inoffensive,” Judge Guirola wrote in his 24-page ruling.

The ruling dismissed cases brought by the Republican National Committee, the Mississippi Republican Party, and the Libertarian Party of Mississippi. The Mississippi law mandates that officials count absentee ballots postmarked on or before Election Day, provided they are received within five business days after the election.

The U.S. Constitution’s elections and electors clause grants Congress the authority to set Election Day for determining electors for president and vice president, as well as the date for voters choosing members of Congress. Congress subsequently established a single day for selecting electors and voting for members.

Republicans contended that the Mississippi law “contravenes those federal laws” by effectively extending Mississippi’s federal election past the Election Day established by Congress. They argued the law forced them to spend money to educate voters on the post-Election Day receipt deadline and sought to have the law declared illegal and blocked from enforcement.

Mississippi officials countered that the law does not directly conflict with federal statutes, as those statutes do not specify whether ballots must be received on or by Election Day.

Judge Guirola acknowledged that Republicans and the Libertarian Party did establish standing by showing they were harmed by the law. However, they failed to demonstrate that the law is illegal or unconstitutional. He referenced prior court rulings, including a 2023 district court ruling upholding an Illinois law that allows ballots postmarked on or before Election Day to be counted if received up to 14 days after Election Day. In that case, the judge noted that the attorney general of the United States “often seeks court-ordered extensions of ballot receipt deadlines to ensure that military voters are not disenfranchised.”

“These longstanding efforts by Congress and the executive branch to ensure that ballots cast by Americans living overseas are counted, so long as they are cast by Election Day, strongly suggest that statutes like the one at issue here are compatible with the Elections Clause,” Judge Guirola stated.

In the absence of federal law regulating absentee mail-in ballot procedures, states retain the authority to establish their lawful time, place, and manner boundaries. Since the Mississippi law is legal, there are no violations of plaintiffs’ constitutional rights, Judge Guirola concluded.

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2024 Race

Wisconsin Supreme Court Reinstates Unstaffed Drop Boxes Ahead of 2024 Election

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In a significant ruling on July 5, the Wisconsin Supreme Court decided to reinstate the use of unstaffed drop boxes for absentee ballots, reversing the prohibition that had been in effect since 2022. The court’s 4–3 decision marks a pivotal change in Wisconsin’s election procedures ahead of the 2024 elections.

In 2022, the Wisconsin Supreme Court ruled that state law did not allow for absentee drop boxes to be placed anywhere other than in election clerk offices. This decision effectively banned the use of unmanned drop boxes, which had been widely utilized in previous elections to facilitate absentee voting.

The reversal of the 2022 ruling was influenced by a change in the court’s composition. A new justice was elected in 2023, which led to a re-evaluation of the previous decision. During the arguments in May, Justice Jill Karofsky questioned the validity of the 2022 ruling, suggesting that it may have been a mistake. “What if we just got it wrong? What if we made a mistake? Are we now supposed to just perpetuate that mistake into the future?” Karofsky asked during the proceedings.

The court heard arguments three months before the August 13 primary and six months ahead of the November presidential election. Attorneys representing Republican backers of the 2022 ruling contended that there had been no changes in the facts or the law to justify overturning a decision that was less than two years old. Misha Tseytlin, attorney for the Republican-controlled Legislature, argued that overturning the ruling could lead to future instability, as the court might have to revisit the issue whenever its composition changes.

However, Justice Karofsky countered this by pointing out the potential flaws in the 2022 decision, questioning whether the court should continue to uphold a ruling that was “egregiously wrong from the start” with “exceptionally weak” reasoning and damaging consequences.

Democrats and voting rights advocates argued that the 2022 ruling misinterpreted the law by concluding that absentee ballots could only be returned to a clerk’s office and not to a drop box controlled by the clerk. David Fox, attorney for the groups challenging the prohibition, described the current law as unworkable and unclear about where ballots can be returned.

Several justices expressed concerns about revisiting the previous ruling, with Justice Rebecca Bradley cautioning against the court acting as a “super Legislature” and giving municipal clerks excessive discretion in conducting elections.

The case was brought by voter mobilization group Priorities USA and the Wisconsin Alliance for Retired Voters. Governor Tony Evers and the Wisconsin Elections Commission, which oversees the state’s elections, supported the use of drop boxes. Election officials from four counties, including the state’s two largest, also filed briefs in support of overturning the prohibition, arguing that drop boxes had been used securely for decades.

The plaintiffs’ attorneys highlighted the practical impact of the 2022 ruling, noting that over 1,600 absentee ballots arrived late and were not counted in the 2022 election when drop boxes were not in use. By contrast, in the 2020 election, when drop boxes were available, only 689 ballots arrived after Election Day, despite a significantly higher number of absentee voters.

The Wisconsin Supreme Court’s decision to reinstate unstaffed drop boxes is a crucial development in the state’s election laws, potentially increasing accessibility and convenience for absentee voters. As the 2024 elections approach, this ruling may have significant implications for voter turnout and the administration of elections in Wisconsin.

The Associated Press contributed to this report.

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Election News

Far-Left Alliance Claims Victory in French Legislative Elections Amid Allegations of Electoral Controversy

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In a surprising turn of events, the socialist-communist New Popular Front alliance has emerged victorious in France’s snap legislative elections, prompting widespread scrutiny over the electoral process and political maneuvers. The coalition, led by Jean-Luc Mélenchon, secured the most seats in Sunday’s final round, overshadowing President Emmanuel Macron’s coalition and relegating Marine Le Pen’s National Rally to third place.

Following the announcement of his alliance’s success, Mélenchon swiftly issued demands to President Macron, calling for either his resignation or the appointment of a prime minister from their ranks. This move underscores the dramatic shift in French politics, with Macron’s Prime Minister Gabriel Attal announcing his resignation in response to the coalition’s victory, signaling potential changes at the highest levels of government.

The electoral outcome has ignited controversy and speculation, particularly concerning allegations of strategic alliances and questionable tallying methods. Macron’s decision to align with the far-left to thwart the populist rise has raised eyebrows across Europe, with critics questioning the president’s political calculations and the potential consequences for France’s future governance.

Initially projected by exit polls to secure between 172 to 192 seats, the New Popular Front fell short of an absolute majority, requiring potential coalition-building efforts to effectively govern. Macron’s coalition, projected to win between 150 to 170 seats, now faces the prospect of negotiating with the far-left to maintain political control, highlighting the fragmentation within French politics.

The election results have highlighted the deep divisions within French society, exacerbated by Macron’s contentious decision to form an alliance aimed at preventing a National Rally majority. Critics, including Marine Le Pen, have decried what they describe as an “unnatural agreement” between Macron and the far-left, accusing the establishment of manipulating the electoral process to maintain power.

The fallout from these elections extends beyond political strategy, with concerns over potential social unrest looming large. Paris and other major cities have ramped up security measures in anticipation of possible protests and demonstrations, underscoring the volatile political climate in France.

As France navigates the aftermath of these divisive elections, the focus remains on the implications for governance, stability, and the future direction of French politics. The rise of the far-left alliance and its demands for leadership change have set the stage for a period of intense political maneuvering and uncertainty in the heart of Europe.

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