In a 2-1 decision, a panel of Eighth U.S. Circuit Court of Appeals judges ordered that all mail-in ballots received after 8 p.m. on Election Day in Minnesota be set aside. The order stopped short of ruling on the validity of ballots received after election day.
The Minnesota GOP presidential electors challenged a state rule allowing election officials to count ballots received until November 10, as long as they are postmarked by November 3. The Eighth Circuit opinion concluded that state and federal law superseded the state court-approved extension.
SECRETARY OF STATE’S RESPONSE
Secretary Simon released the following statement after the U.S. Court of Appeals for the Eighth Circuit announced its decision to eliminate Minnesota’s established seven-day grace period for accepting absentee ballots for next week’s general election:
“The court’s decision is a tremendous and unnecessary disruption to Minnesota’s election, just days before Election Day. This last-minute change could disenfranchise Minnesotans who were relying on settled rules for the 2020 election — rules that were in place before the August 11 primary and were accepted by all political parties. It is deeply troubling that the people who brought the lawsuit, a conservative legislator and presidential elector, would seek to sabotage the system for political gain.
I won’t let any Minnesota voter be silenced. My mission is now to make sure all voters know that a federal court has suddenly changed the rules, and that their ballot needs to be received by Election Day.
The right to vote is fundamental. The court’s decision is a step in the direction of restricting the exercise of that right, during a pandemic that has altered everything about our daily lives. But Minnesotans always find a way to vote, and they’ll do so again this year. The spirit that has fueled Minnesota’s nation-leading voter turnout will continue.”
Next Steps for Voters
Voters should no longer place their absentee ballot in the mail. Instead, voters have several options to ensure their vote is counted in the November general election:
- Voters who have already put their ballot in the mail can track their ballot at https://www.mnvotes.org/track. If their ballot has not yet been received the voter can vote in-person either by absentee, or at their polling place on Election Day.
- Voters can deliver their ballots to their county election office by hand (or have someone they trust hand-deliver it for them).
- Voters can cast their vote in person with an absentee ballot at their local election office up until November 2, 2020.
- Voters can cast their votes in person on Election Day. Use our Pollfinder Toolto find out where to vote.
